n.^.'L.'dU, Srom t^e fetfirarg of (JprofeBBor ^amuef (gftiffer xx), (^cmorg <>f 3w^5C ^amuef (ttXiffer QSrecfttnrtbge ^amuef (Qtiffer QSrecftintibge &ong fo f^e £,i6rarg of (princeton C^eofogicaf ^eminarg sec_ 7^ A>V v^ \ r> 5 3. ma. ROMAN ANTIQ,UITIES: ACCOUNT OF THE MANNERS AND CUSTOMS OF THE ROMANS: Respecting theii- ttOTER^TMENT, DJtVOBSES, MAGISTRACY, FUNERALS, LAWS, WKIGIl TS AND MEASVBES, JUD CIAX PnOCEEDlNGS, COINS, RELiaiOW, METHOD OF WRITING, GAMES, HOCSES, MILITARY AJfD NAVAL AFFAIRS, GARDENS, DRKSS, AGRICULTURE, IXEHCISES, CARHIAGES, BATBS, PUBLIC BUILBIITGS, &C. CyC. HAnaiAQES, DESIGNED CHIEFLY TO ILLUSTRATE THE LATIN CLASSICS, BV EXPLAINING WORDS AND PHRASES, FROM THE RITES AND CUSTOMS TO WHICH THEY REFER. y BY ALEXANDER ADAM, LL. D Rector of the High School of Edinburgh. SECOND AMERICAN EDITION. NEW- YORK: PUBLISHED BY E. DUYCKINCK, T. A. RONALDS, S, A. BUBTU5;. AND E. F. BACKUS, ALBANY George Long, printer. 1814, ^^^^viiii^ PREFACE TO THE FIRST EDITION- 'fl^OTHTNG has more ens^asjed the attention of li •^ terary men since the revival of learning, than to trace from ancient monuments the institutions and Jaws, the religion, the manners, and customs of the Romans, under the general name of Roman Antiqui- ties. This branch of knowledge is not only curious in itself, but absolutely necessary for understanding the Classics, and for reading with advantage the histo- ry of that celebrated people. It is particularly requi- site ff >r such as prosecute the study of the civil law. Scarcely on any subject have more books been writ- ten, and many of them by persons of distinguished abilities. But they are, for the most part, too volu- minous to be generally useful. Hence a number of abridgments have been published ; of which those of Kennet andNleuport are esteemed the best. The lat- ter is on the wdiole better adapted than the former, to illustrate the Classics ; but being written in Latin, and ^bounding with dirlicult phrases, is not fitted for the use of younger students. Besides, it contains nothing concerning the laws of the Roman^j, or the buildings iv PREFACE. of the city, which are justly reckoned among the most valuable parts in Kennet. On these accounts, near twenty years ago, the Com- piler of the following pages thought of framing from both, chiefly from Nieuport, a compendium for his own use, with an intention to print it, if he should meet with no book on the subject to his mind. But he soon perceived, that on several important points, he could not derive from either the satisfaction he wished. He therefore had recourse to other sources of information ; and chiefly to the Classics themselves. To enumerate the various authors he has consulted, would be tedious and useless. It is sufficient to say, that he has borrow- ed witii freedom, from all hands, whatever he judged fit for his purpose, tie has been chiefly indebted to Manulius, Brissonius, and Middlelon, on the senate ; to Pignorius, on slaves; to Sigonms and Grucchius, Manidius, Huber^ Gravina, Mcrula, and Heineccius, on the assemblies of the people, the rights of citizens, the laws and judicial proceedings ; to Lipsius, on the ma- gistrates, the art of war, shows of the circus and gladi- ators; to Sheffer, on naval affairs and carriages; to Fer- rarius, on the Roman dress ; to Kirchmannus, on fu- nerals ; to Arhilhnoty on coins ; to Dickson, on agri- culture ; to Donatus, on the city; io Tuniebus, Abra- ham'ts, RosinuSy Salmasiiis, Hotlomomannus, GrceviuSy and Gronovius, Moiiffaucony PitiscuSy Ernesliy and par- ticularly to GesneVy in difierent parts of the work. After making considerable progress in this under- taking, the Compiler found the execution so difficult, Ijiat he would have willingly dropt it, could he have PREFACE. V found any thinof on the subject to answer his views. Accordingly when Mr. Lempriere did him the favour to communicate his desii^n of publishing that useful work, the Classical Dictionary , he used the freedom to suggest to him the propriety of intermingling with his plan a description of Roman Antiquities. But be- ing informed by that Gentleman, that this was imprac- ticable, and neeting with no book which joined the explanation of words and things together, he resolved to execute his original intention. It is now above three years since he began printing. This delay has been occasioned partly by the difficulty of the work, and making various alterations and additions; partly also by a solicitude to receive the remarks of some gen- tlenjen of learning and taste, on whose judgment he could rely, who have been so obliging as to read over, witli critical attention, the sheets as they were printed. After finishing what relates to the laws and judicial proceedings, the Compiler proposed publishing that part by itself, with a kind of syllabus of the other parts subjoined ; that he might have leisure to reprint, with improvements, a Summaiy of Geography and Histo- ry, which he composed a few years ago, for the use of his scholars. But after giving an account of the deities and religious rites in this cursory manner, and with- out cjuoting authorities, he was induced, by the ad- vice of friends, to relinquish that design, and to post- pone other objects, till he should bring the present per- formance to a conclusion. Although he has all along studied brevity, as much as a regard to perspicuity vi PREFACE. ivould admit, the book lias swelled to a much greatei size than at first he imagined. The labour he has undergone, can be conceived by those only who have been conversant in such studies. But he will think his pains well bestowed, if his work answer the end intended, to facilitate the acquisition of classical learning. He has done every thing in his power to render it useful. He has endeavoured to give a just view of the constitution of the Roman go- vernment, and to point out the principal causes of the various changes which it underwent. This part, it is hoped, will be found calculated to impress on the minds of youth just sentiments of government in gene- ral, by showing on the one hand the pernicious effects of aristocratic domination ; and on the other, the still more hurtful consequences of den)ocratical licentious^ ness, and oligarchic tyranny. But it is needless to point out what hasbeen attempt- ed in particular parts ; as it has been the Compiler's great aim throughout the whole to convey as much useful information as possible within the limits Jie has prescribed to himself. Although very few things are advanced without classical authority, yet in so exten- sive a field, and amidst such diversity of opinions, he no doubt may have falle» into mistakes. These he shall esteem it the highest favour to have pointed out to him ; and he earnestly entreats the assistance of the encouragers of learning, to enable him to render his work more useful. He has submitted his plan to the best judges, aad it has uniformly met with their appro bation. PREFACE. Ml It may perbaps be tbouojbt, that 5n some places be has quoted too many authorities. But he is coniidcnt no one will think so, who takes the trouble to examine them This he esteems the most valuable part of the book. It has at least been the m(ist laborious. A work of this kind, he imagines, if properly executed, might be made to serve as a kci/ to all the classics, and in some degree supersede the use of large annotations and commentaries on the different authors ; which, when the same customs are alluded to, will generally be found to contain little else but a repetition of the same things. As the work is not divided into books and chapters, the table of Contents, it is hoped, will supply that defi- ciency. The Compiler has now in a great measure complet- ed, what above twenty years ago he conceived to be "wanting in the common plan of education in this conn- try. His first attempt was to connect the study of La- tin grammar with that of the English ; which was ap- proved of by some of the first literary characters then in the kingdom. It is sufficient to mention Mr. Har- ris and Dr. Lowth. He has since contrived, by a new but natural arrangement, to include in the same book a vocabulary, not only of the simple and primitive words in the Latin tongue, but also of the most common de- rivatives and compounds, with an explanation of phra- ses and of tropes. His next attempt was to join the knowledge of ancient and modern geography, and the principles of history, with the study of the classics. And now he has endeavoured to explain difficult wordq viii PREFACE, and phrases in the Roman authors, from the customs to which they refer. How far he has succeeded in the execution, he must leave others to judge. He can only say, that what he has written has proceeded from the purest desire to promote the improvement of youth ; and that he should never have thought of troubling the world with his publications, if he could have found, on any of the subjects he has treated, a book adapted to his purpose. He has attained his end, if he has put it in the power of the teacher to convey instructiou with more ease, and in a shorter time ; and of the learner, to procure, with greater facility, instruction for himself. He has laboured long in the education of youth, and wished to shew himself not unworthy of the confidence reposed in him by the public. His chief enjoyment in life has arisen from the acquisition and communication of useful knowledge ; and he can truly say with Seneca, Si cum hac exceptione detur sa- pientia, ut illam indusam teneamy nee emuiciemf rejiciam, Ep. 6. Edinburgh, ^ April 1791. J ADVERTISEMENT TO THE I SECOND EDITION. rf^HE Compiler has felt much satisfaction from tlie -*- favourable reception his performance has met with. He has, in particular, been highly gratified by the ap- probation of several of the mastei-s of the great schools in England, and of the professors in the universities of both kingdoms. The obliging communications he has received from them, and from other gentlemen of the first character for classical learning, he will ever re- member with gratitude- Stimulated by such encou- ragement, he has exerted his utmost industry to improve this edition. The numerous facts and authorities he has added will shew the pains he has bestowed. The Index of Latin words and phrases is considerably en- larged : and an Index of proper names and things is subjoined ; for suggesting the utility of which, he is in- debted to the authors of the Analytical Review. There are several branches of his subject which still remain to be discussed, and in those he has treated of, he has been obliged to suppress many particulars, for fear of swelling his book to too gteat a size. It has therefore been suggested to him, that to render this work more generally useful, it ought to be printed in two different forms ; in a smaller size, for the use of schools, and in a larger form, with additional observa- tions and plates, for the use of more advanced students. This, if he find it agreeable to tlie public, he shall en deavourto execute to the best of his ability ; but i* R ± ADVERTISEMENT. m\i st be a work of time ; and he is now obliged to di- rect his attention to other objects, which he considers of no less importance. As several of the Classics, both Greek and Latin, are differently divided by diflerent editors, it will be proper to mention what editions of these have been fol- lowed in the quotations : Casai\ by Clarke^ or in usum Delphini ; Pliny ^ by Brotier ; Quinctilian and th6 wri- ters on husbandry, by Grsner ; Pelronius Arbiter^ by Burmannus ; Dionysius of Halicarnassus, by Reiske ; Phdarcli's Morals^ by Xylander ; and Dio Cassius^ by Reimarus. It is needless to mention the editions of such authors as are always divided in the same manner* Those not divided into chapters, as Appian, Strabo, Plutarch's JLives, SCc, are quoted by books and pages, Edinburgh^ ) May 2lk 1792, « CONTENTS. »«c Page FOUNDATION of Rome, - . = , . 1 Divisionof its Inhabitants, ib. I. SENATE and Patricians, - - - - 2 Badges of Senators, - - - - - - 7 Consultation of the Senate, - . - - - II Dt;crees of the Senate, 16 Powerof the Senate, 21 II. EQUITES, . - . - . - - 28 HI. PLEBEIANS, - . - . . . .31 P-.jtrons and Clients, . - - - - - 32 Nabiles H L^nobiles^ ----■>. 33 Gentes et Familiar - - - - . - 34 Names of the Romans, - - . . - 35 Ingertui et Liber tini^ - - - - - 37 IV. SLAVES, 38 RIGHTS of Roman Citizens, - . - - 46 I. PRIVATE RIGHTS, , .... 48 1. Right of liberty, - ... - ."ib, 2. of family, ...... 50 3. of marriage, ib. 4. of a father, ----- , 51 Ernancipation and adoption, . » . - 52 5. Right of property, - - - - . ^53 of testament, 61 of wardship, - - r - » - 67 II. PUBJ.IC RIGHTS, , . - 6a %ii CONTENTS" Page Jus Lath, •. - - - -- -72 — Italicum, ---,---74 S'afe of the provinces, - - - - » - 75 municipal towns, colonies, &c. - - - 77 foreigners, - -- - - -81 COMITIA, or assemblies of the people, - - - 82 1. Comitia Curiata, - - - - - - 83 2' —'Centuriatay - 85 3. — Tributa, - » . - - 103 MAGISTRATES, - 109 Kings, - -„-»--- 114 I. ORDINARY MAGISTRATES. - 1. Consuls, - - - - - - - 116 2. Praetors, - - - - - - - 128 3. Censors, ------- 136 4. Tribunes, - ■= - - - - 144 5. iEdiles, 152 6. Quaestors, .-„.-» 154 Other ordinary magistrates, - - - - 158 New ordinary magistrates under the Emperors, - 159 II. EXTRAORDINARY MAGISTRATES. 1. Dictator, and master of the horse, - - 162 2. Decemviri^ ~ 166 3. Military Tribunes, 168 4. InterreXy - ----- 169 Otht^r extraordinary magistrates, - - - ib. III. PROVINCIAL MAGISTRATES. - - ib. 1. Under the republic, - - - - ib. 2. Under the Emperors, - - - 176 Re -establishment of Monarchy under the Emperors, 179 Public servants of the Magistrates, - - - 188 # CONTENTS, '^^ xui Page LAWS OF THE ROMANS, ... - 192 Jus et Lexy 194« Lavvsofthe Twelve Tables, - - - . 198 Origin of lawyers, 200 Consultation of lawyers, - - - . 201 Lawyers under the Emperors, - - - 202 Laws made at different times, - . , 204. Laws of the Emperors, - - . . 238 Corpus Juris, ------ 240 JUDICIAL PROCEEDINGS. I. CIVIL TRIALS, .--..- 241 1. Summoning to court, - - , - 242 2. Requesting a writ, 243 3. Different actions, ----- 245 4. Appointment ofJudiceSt - - - - 262 5. Form of trial, ------ 264 6. Judgment, - 266 7. Consequences of a sentence, - - - 267 JL CRIMINAL TRIALS, - ... 270 Before the people, - - - - ib. Before inquisitors, - - - - 274 Before the Praetors, - - - - ib. 1. Choice of a jury, 275 2. The accuser, - - - - - - 277 3. The accusation, 27S 4. Trial and sentence, 280 5- Punishments, 290 RELIGION of the ROMANS. Deities. 1- Dii majorum gentium, - - - - 293 %DiiSelecth -. .. - - - - 302 xiv CpNTENTS. Page 3. Dii minorum gentium^ . - - . 3O6 II. Ministers OF. Religion, - - - . 310 III. Places of Worship, and Religious Rites, 343 The Roman Year, - . - - „ 352 Division of Days, - - - . » 359 Roman Festivals, - , - - » ib. ROMAN GAMES, - - 365 1. Games and shows of the Circus, - - ib. 2. Gladiators, - - - - - - 371 3. Stage plays, 379 MILITARY AFFAIRS. 1. Levying of Soldiers, 389 2- Division of troops ; their arms, officers, and dress, 395 3. Discipline of the Romans ; their Marches and Encampments, - - - - - 401 4. Order of Battle, and diiferent Standards, - 408 5. Military rewards, 415 6. A triumph, - 418 7. Military punishments, - . - . 423 8- Military pay and discharge, , - = 424 9. Attack and Defence of towns, - - 426 NAVAL AFFAIRS of the Romans, - - - 430 CUSTOMS of the ROMANS. I. Dress, 445 II. Entertainments, 469 Posture at meals, 472 Couches, -----.- ib. Tables, ------. 475 CONTENTS. XV Page Exercises, 473 Baths, 480 Favourite dishes, 486 Wines, 492 Cups, - . . 495 Private games, 497 III. Marriage, . . a . . . 499 Divorce, 509 IV. Funerals, 512 WEIGHTS and COINS, . - - ... 534 Computation of money, . . . . 540 of interest, - . . , 545 MEASURES of LENGTH, - — ■• of Capacity, - . - Method of WRITING, - Libraries, - - - HOUSES of the ROMANS, Spinning and weaving, - - - Chimneysand windows, - Villas and Gardens, AGRICULTURE, . . „ . Propagation of trees, . , = CARRL^GES, . . - . . DIVISIONS of the CITY, PUBLIC BUILDINGS, - 1. Temples, ----<. 2. Places of amusement anAexercise, 3. Curiae, 4. Fora, . - . . - 5' Porticos, - . - ' « - 6. Columns, - - - - - 7, Triumphal arches. 548 550 551 563 565 569 575 578 581 594 599 612 616 ib; 620 621 ib. 625 624 62'^ xvi CONTENTS. Page 8. Trophies, ------- 626 9. Aquaeducts, ----=-- 627 10- Cloaca, - - ~ - - - - 628 11. Public ways, ------ f-^.9 12. Bridges, - ^ ----- 632 JLiMiTs oftheEMiPiRE^ . - - ^ 635 SUMMARY OF ROMAN ANTIQUITIES. The Foundation of the City, and Division of its Inhabitants. ROME was founded by Romulus and a colony from Alba Longa^ 753 years, as it is commonly thought, before tjie birih of Christ. They began to build on the 21stday of April, which was called Palilia^ from Pales, Xht goddess of shepherds, to whom it wys consecrated, and was ever after held as a festival ; indies natalis urbis Romce.^ Veil Patera, i. 8. Ovid. Fast. iv. 806. Romulus divided the people of Rome into three TRIBES ; and each tribe into ten CURI^. The number of tribes was afterwards increased by degrees to thirty-five. They were divided into country and city tribes, {.rustiae et urba- 71 iff) The number of the cz/r/> always remained the same. Each curia anciently had a chapel or temple for the per- formance of sacred rites, Farj\ de Lat. ling, iv. 32. Tacit. Ann. xii. 24-. Dionys. ii. 23. He who presided over one curia was called Curio, {.quia sacra curabat^ Festus^ ; he, who presided over them all, CurioMaximus. From each tribe Romulus chose 1000 foot soldiers, and 100 horse. These 3000 foot and 300 horse were called LEGIO, a legion, because the most warlike were chosen, Plutarcl^in Bomulo : Hence one of the thousand which each tribe furnished was called Miles, Varro de Lat: ling. iv. 16 {unus ex millie'), Isidor. ix. 3. The commander of a tribe was called Tribunus, (><»^jc°''^ vel T§iTva^x'>s-) Dionys^ ii. 7. Feget. ii. 7. The whole territory of Rome, then very small, was also divided into three parts, but not equaL One p^rt was aHQty- T s> ROMAN ANTIQUITIES. ted for the service of religion, and for building temples; an- other, for the king's revenue, and the uses of the state ; the third, and most considerable part, was divided into thirty portions, to answer to the thirty curise, Dionj/s. ii. 7. The people were divided into two ranks {ordines)^ PA- TRICIANS and PLEBEIANS ; connected together as PATRONS and CLIENTS, Dionys. ii. 9. In after times, a third order was added, namely, the EQUITES. The SENATE. 1. The Institution and Number of the Senate, HE Senate was instituted by Romulus, to be the perpe- tual council of the Republic, ^Consilium reipublicte sempiternuniy Cic. pro Sextio^ 65.) It consisted at first only of 100. They were chosen from among the Patricians ; ac- ' cording to Dionysius oi Halicarnassiis, ii. 12. three were no- jTiinated bj'^ each tribe, and three by each curia. To these ninety-nine Romulus himself added one, to preside in the se- nate, and have the care of the city in his absence. The sena- tors were called PATRES, either upon account of their age, or their paternal care of the state ; certainly out of respect i ■Iav. i. 8. and their offspring, PATRICII ; ( Q_ui patrem ciere possent, i. e. ingemd, Liv. x. 8. Dionys. ii. 8. Festus.) After the Sabines were assumed into the city, another hundred was chosen from them, by the sulTrages of the ciirice, Dionys. ii. 47. But, according to Livy, there were only 100 senators at the death of Romulus, and their number was increased by Tullus Hostilius, after the destruction of Alba, i. 17. & 30. Tarquinius Priscus, the fifth king of Rome, added 100 more, who were called PATRES MINORUM GENTIUM. Those created by Romulus, were called PATRES MA JORUM GENTIUM, lacit. Annal. xi. 25. and their pos- terity, Patricii Major um Gentium, This number of 300 continued with small variation, to the times of Sylla, who increased it ; but how many he added is uncertain. It ap- pears there were at least above 400, Cic. ad Attic, i. 14. In the time of Julius Cassar, the number of senators waf: increased to 900, Bio. xliii. 47. and after his death to 1000; many worthless persons having been admitted into the se- 7%^ Senate. 5 iiate during the civil wars. Id. lii. 42. one of whom is called by Cicero sdi-choscn, Qcctiis ipse a .?5. Dio. liv. 14. Such as were chosen into the senate by Brutus, after the expulsion of Tarquin the Proud, to supply the place of those whom that king had slain, were called CGNSCRIPTI, i. e, persons written or enrolled together with the old senators, who alone were properly styled Patres. Hence the custom of summoning to the senate those who were Patres^ and who were Conscript! ; iita appellabant in novum senatum lectos, Liv. ii. 1.) Hence also the name Patres Conscripti (sc. et) was afterwards usually applied to all the senators. 2. The Chusing of Senators, PERSONS were chosen mto the senate, iSe^mfus legeba- tur^ Liv. xl. 51. vel in senatum legebantur^ Cic. Cluent. 47.) first by the kings, Liv. i. 8. xxx. 35. and after their ex- pulsion, by the consuls, Lw. ji. 1 . and by the military tribunes, Festus in Prceteriti Senatores ; but from the year of the city 310, by the censors: at first only from the Patricians, but afterwards also from the Plebeians. - Liv. ii. 32. v. 12. chiefly however from the Equites : whence that order was called Seminarium Senates., Liv. xlii. 61. Some think that the senate was supplied from tlie annual magistrates, chosen by the people, all of whom had of course admittance into the senate; but that their senatorial charac- ter was not esteemed complete, till they were inroUed by the censors at the next Lustrum ; at which time also the most eminent private citizens were added to complete the num- ber. See Middleton on the Roman Senate. After the overthrow^ at the battle of Cannje, a Dictator was created for chusing the senate, Zfy. xxiii. 22. i\.fter the subversion of liberty, the Emperors confeiTed the dignity of a senator on whom they thought fit. Augustus created three men to chuse the senate, and other three to review the Equi- iesy in place of the censors, Suet. Aug. 37. Dio. Iv. 13. He whose name was first entered in the censor's books, was called PRTNCEPS SEN ATUS, which title used to be given to the person who of those alive had been censor fijst. 4 ROMAN ANTIQUITIES. iquiprimus censor^ ex lisqui viverent/uisset.Liv.'iiXVii.ll.J but alter the year 544, to him whom ihe censors thought most worthy, Ltv. xxvii. 13. This dignity, although it confer- red no command or emolument, was esteemed the very highest, and was usually retained for life, Liv. xxxiv. 44. xxxix. 52. It is called Principatus; and hence afterwards the Emperor was named Prmcep.?, which word properly de- notes only rank, and not power. In chusing senators, regard was had not only to tlieir rank, but also to their age and fortune. The age at which one might be chosen a senator C^tas SENATORiA)is not Sufficiently ascertained ; although il ap- pears that there was a certain age requisite, Cic cle lege Ma- nil. 21. Tacit, jinn. xv. 28. Anciently senators seem to have been nen advanced in years, as their name imports, iSa/- iust. Cat. 6. Cic. de Sen. 6. Ovid. Fust. v. 6S. Fior, i. 15. But in I fter times the case was otherwise. It seems probable, however, that the age required for a senator was not below thirty; from certain laws given to foreign nations, at different times* in imitation of the Romans, Cic. in Verr. ii. 49. Flin. ad. Traj. Ep. x. 83. for there is no positive assertion on this subject in the classics. The first civil office which gave one admission into the se- nate was the Quaestorship, which some have imagined might be enjoyed at twenty-five, and consequently that one might then be chosen a senator; from Dion Cassius, lii. 20. Others think at twenty-seven, on the authority of Poly bius^ vi. 17. who says, that the Romans were obliged to serve ten years in the army, before they could pretend to any civil magistracy; and as the military age was seventeen, of consequence that one might be made qurestor at twenty-seven. But few ob- tained that office so early ; and Cicero, who often boasts that he had acquired all the honours of the city, without a re- pulse in any, and each in his proper year, {suo anno), or as soon as he could pretend to it by law, had passed his thirtieth year before he obtained the quaistorship, which he adminis- tered the year following in Sicily. So that the usual age of enjoying the qusestorship, (.c^tas qtitestoria,') and of courseof being chosen a senator, in the time of Cicero, seems to havf; been thirty. onr The SjENATE. 5 But ahhoiigli a person had enjoyed the quae storship, he did not on thvit account become a senator, unless he was chosen into that order by the censors, Gell. iii. 18. But he had ever after the right of coming into the senate, and of giving his opinion on anj' question, Cic. w Verr. v. 14. Ep. ad Fam. ii. 7. About this, however, writers are not agreed. It is at least certain, that there were some offices which gave per- sons ;i legal title to be chosen into the senate, {unde iri sena- tum legi debcrent^ Lw. xxii. 49. Hence perhaps the sena- tors are sometimes said to have been chosen by the people, Uectijussu poptdi,) JJv. iv. 4. Cic. pro Sext. 65. And Ci- cero often in his orations declares, that he owed his seat iu the senate, as well as his other honours, to the favour of the people, post red. in Senat. 1. He asserts the same thing in general terms, in Verr. iv. 11. pro Cluent. S^. Persons also procured admission into the senate by mili- tary service, Sanatorium per militiam auspicabanturgradum, Senec. Ep. 47. So Eiv. xxiii. 23. When Sylla, after the destruction occasioned by his civil wars and proscriptions, thought proper to admit into the se- nate about 300 Equites, he allowed the people to give their vote concerning each of them in an assembly by tribes, Ap~ pian.de bell.civ.vi. 413. But Dionysius says, that Syllasup- plied thcsenate with any persons that occurred to him, v. 77. and probably admitted some of the lowest rank, Dio. xl. 63. The Flamen of Jupiter had a seat in the senate, in right of his office, Liv. xxvii. 8. a privilege which none of the. other priests enjoyed, Cic. Att. iv. 2. Augustus granted to the sons of senators, after they as- sumed the manly gown, the right of wearing the /atus ciavus, and of being present at the debates of the senate, that thus they might become the sooner acquainted with public affairs, {quo celerius reipiihlic^ assuescerent')^ Suet. Aug. 38. They also had the privilege of wearing the crescent on their shoes, Stat. Sylv. V. 2. 28. No one could be chosen into the senate who had exercised a low trade, or ^vllose father had been a slave, Qibertino patre natiis, Horat. Sat. 1. 6. 21. & 44.) ; but this was not always observed. Appius Claudius Cascus firstdisgraced(m^7^z«flu?V vel deform nvit)i\\e senate, by electing into it the sonsof freed- G ROMAN ANTIQUITIES. men, (liberfinorum filiis lectis)^ Liv. ix. 29, 46. or the grandsons, according to Suetonius, who says, that libertini, in the time of Appius,did not denote those who Vv^ere freed, but iheiY-^vo^^\\y^{ingenuosexhisp7'ocreatos,)Sutt. Claud 24. a distinction which no v/here occurs in the classics. Sex. Aur. Victorcalls those chosen by Appius,LiBERTiNi ; de vir> ilhist. 34. But no body regarded that election, whatever it was, as valid, Liv. ix. 46. and the next consuls ci lle(' the senate in the order of the roll, which had been in use before the censorship of Appius, Ibid. 30. It appears, however, that freed-men were admitted into the senate, at least tovvards the end of the republic. For Dion Gassius, speaking of the censorship of Appius Claudius, and Piso, the father-in-law of Cassar, A. U. 704, says, that Appius excluded not only all freed-men(wed to proi^ose to the senate any question himself, Cic. pro Dom. 27. Sometimes the whole house called out for a particular motion. Sail. Cat. 48. And if the consul he- sitated or refused, which he did by saying, Se con side- hare vELLE, the other magistrates, who had the right of holding the senate, might do it, even against his will, parti- cularly the tribunes of the people, Cic. pro leg. Manil. 1 9. pro Sext. 30. Epist. Fam. x. 16. Hence Augustus was, by a decree of the senate, invested with the power of tribune for- life, that he might lay any one thing he pleased before the senate every meeting, although he was not consul, Dio. liii. 32. And the succeeding Emperors obtiiined from the senate the right of laying before them one, two, or more things at the same meeting; which was c^td jus prima ^ se- cundce^ tertiiS^ quartce^ et quintce relationis-> Vopisc. et Capi- tol. In those times the senator who gave his opinion first, «was called, Prijii^e sentejitia senator^ Ibid. It was not lawful for the consuls to interrupt those that tipoke, although they introduced in their speech many things foreign to the subject ; which they sometimes did, that they might waste the day in speaking, {ut diem dicendo exime- rent,consumerent v.tollerent). Cic. Verr. 2. 39. For no new reference could be made after the tenth hour, i. e. four o'clock afternoon according to our mannt^" of reckoning ; Senec. de Tranquill. An. c. ult. nor a decree passed after sunset, ./i. Gell. xiv. 7. Hence Cicero, in blaming the decrees of Antony, calls them SC t a Ve s p e r t i n a , Phil. iii. 10. We read, however, of the senate's being assembled at midnight upon the arrival of an express from one of the consuls, Sp. Furius, that he was besieged l)y the iEqui and Volsci, A. U. 290. Dionys. ix. 63. so iii. 2G. and of a person haranguing till it was so late that lights were called for, {nocte illatis lucerms), Plin. Ep. iv. 9. The SfiNATL. .L> Those who grossly abused tliis right of spfcaking without ititerruption, were sometimes forced to give over speaking, ^perorare)^ by the noise and chunour of the other senators, Cic. ad An. iv. 2. Sometimes magistrates, when they made; a disagreeable motion, were silenced in this manner. Thus, Citptuin est referri de inducendo S'Cto, i. e. delendo vel ex- pungendo ; a6 oinni senatu redamatum est, Cic. pro Donu 4. Ejus orationi vehementer ab omnibus redamatum est. Id. Fam. i. 2. So when a senator threw out abusive language against any one, as Catiline did against Cicero and others, tlie whole senate exclaimed against him, {obstrepere omnes)., Sail. Cat- 31. This used also to occur under the Emperors. Thug Pliny, speaking of himself, after the death of Domitian, says, Fi- mo Indpit respondere Vtjento ; nemo patitur ; obturbatur ; obstrepitur ; adeo quidem ut diceret; Roc o, Patre s C- ne ME COGATIS IMPLORARE AUXILIUM TrIBUNORUM. Et statim Murena tribunus, Permitto tibi, vir clarissi- ME, Vejento, Die ere. Tuuc qiioQue redamatur, Ep. ix. 13. The title of Clarissimus was at this time given to all the senators, but formerly only to the leading men. Sometimes the speeches of senators were received witli shouts of applause ; thus, Consiirgenti ad cense?idum acda- matum est, qiiodsolet residentibics, Plin. Ep. iv. 9. And the most extravagant expressions of approbation were bestowed on the speakers : Konfere quisquam in senatu fait, qui non me complecteretur,'exoscidaretur, certatimque laiide ciimula- ret. Id. ix. 13. The consul, or presiding magistrate, seems to have exercised different powers in the senate at different times, Cic. Orat. iii. 1. When Cato one day, to pre\-ent a decree from being passed, attempted to waste the day io speaking, Ccesar, then consul, ordered him to be led to pri-, son ; whereupon the house rose to follow him, which made Ccesar recall his order, Gdl. iv. 10. If any one in delivering his opinion had included several distinct articles, some of which might be approved and others rejected, it vvas usual- to require that the opinion might be divided, and that each particular might be proposed apart ; and therefore any senator might say, diviek, CiC' Fam. u 2- S^nr^. Ep. 21. J scon, in Cic, Mil.- 6. 16 ROMAN ANTIQUITIES- In matters of very great importance, the senators some- times delivered their opinions upon oath, (jurati), Liv, xxvi. 35. XXX. 40. xlii. 21. Tacit. AimaL iv. 21. Several different questions might be referred to the senate by different magistrates in the same meeting, Cic. Phil. vii. 1. JLiv. XXX. 21. When any magistrate made a motion, he was said, Ver BA facere; referre vel deferre ad senatum, or CONSULERE SENATUM DE ALiqUA RE, ClC. in PlS. 13. and the senators, if they approved of it, relationem ac- ciPERE, Liv. ii. 39. When different opinions were delivered, the senators ex -^ pressed their assent, some to one, and some to another, vari- ously, by their looks, by nodding with their heads, by stretching out their hands, &c. Tacit. Hist. iv. 4. The senators who spoke usually addressed themselves to the whole house, by the title ofPATREsCoNscRiPXi, Cic. et Liv. passim ; sometimes to the consul or person who pre- sided, Cic. Phil. viii. 1. sometimes to both, Liv.v\. 15. They commonly concluded their speeches in a certain form: Quare EGO ita censed; or, Placet igitur, &.c. Sal- lust. Ca^ li. 52. Quod C. Pansa verba fecit de — de BARE ITA CENSEO; Or QUiE CUM IT A SINT ; Or QuAT, OB RE,s, ITA CENSEO ; Cic. Phil. iii. 15. v. 4. ix. 7. Some- times they used to read their opinion, {de scrip to dicerc,) Cic. [''am. X. 13. and a decree of the senate was made according to it, {in sententiam alicujus, vel ita lit iUe censebat.) When a senator did not give an entire assent to the opi- nion of any one, but thought that something should be add- ed, he said, Servil-io assentior ; et hoc amplius CENSEO ! Cic. PhiL xiii. 21. which was called addere sen- i-enticc, vel in sententiam^ Sail. Cat. 51. 6. The Manner of Making a Decree of the Senate. WHEN several different opinions had been oflfered, and ^ach supported by a number of senators, the consul or magistrate presiding might first put to the vote which opinion lie pleased, {sententiam primam promincmre^ ut in earn dis~ cessioferet); Cic. Ep. Fam. i. 2. x. 12. or suppress alto- gether {negare se pronunciaturiim) what he disapproved. The Senate. 17 Cas. de Bell. Civili, i. 1. And herein consisted die chief power of the consul in the senate. But even this was sonx;- times contested by the tribunes, {ante se ofwrtcre discessio- nemfacere^ quam consules^) Cic. Fain. i. 2. A decree of the senate was made by a separation \per dis- cessionem) of the senators to different parts of the house. He who presided said, '* Let those who are of such an opi- *' nion pass over to that side ; those who think difterently to "this." (Qui HOC CENSETIS, ILLUC TRANSITE. Qui ALIA OMNIA, i^ HANC PARTEM). HcUCC /rl speaker in favour of it, the consul, or whoever ]?c* was, (PRINCEPS vel AUCTOR Sententice, 0\ id. Pont. ii. 3. 31), passed, and those who agreed with him followed, Plin. Epist. ii. 11. Those who differed, went to a different part of the lionse; and into whatever part most of the Sena- tors went, the Consul said of it, "This seems to be the "majority," (H/Hc pars major videtur.) Then a de- cree of the Senate was made according to their opinion, Plin. K 18 ROMAN ANTIQUITIES. .Ep, ii. 12. and the names of those who had been most keen for the decree, were usually prefixed to it, which were call- ed AUCTORITATES perscripta vel prascriptce, Cic. Orat. iii. 2. because they staid to see the decree made out, {scribendo adfuerunt, i. e. Senatih considti conjimendi testes erant.) Senates consultum e(i persc7'ipti(me estfOi thsitiorm, to tliat effect, Ctc, Fam. v. 2. Anciently the letter T was subscribed, if the tribunes did not give their neg-ative ; for at first the tribunes were not admitted into the Senate, but sat before the senate-house on benches, till the decrees of the Senate were brought to them for their approbation or rejection, Val. Max. ii. 7. This, however, was the case only for a very short time ; for A. U. SIO, we.find Canuleius, one of theirnumber, speaking in the Senate, Liv. iv. 1. and Dionysius says they were admitted soon after their institution, vii. 49. When a decree of the Senate was made, without any opinions being asked or given, the fathers were said, Pedibus ferre sententiam ; and the decree was called SENATUS CONSULTUM PER DISCESSIONEM, A. GelL xiv. 7. Cic. Phil. iii. 9. Suet. Tib. 31. But when the opinions of the Senators were asked, it was simply called SENATUS CONSULTUM, Cic. m Pw. 8. although it was then also madejSf r discessionem : and if the Senate was unanimous, the discessio was said to be made sine idla varietate, Cic. pro Sext. 34. If the contrary, in magna varietate sententiarum, lb. In decreeing a supplication to any general, the opinions of the Senators were always asked ; hence Cicero blames An- tony for omitting this, in the case of Lepidus, Phil. iii. 9.. Before the vote was ^\xt{anfe discessione7nfactam^)&.\\d. while the debate was going on, the members used to take their seats ricar that person whose opinion they approved, Plin. Ep. vili. 14. and tlie opinion of him who was joined by the greatest number, was called SENTENTIA maxime tre- ?^UENS, Id. ii. 11. Sometimes the Consul brought from home in writing, the decree which he wished to be passed, and the Senate readi- ly agreed to it, Cic. Phil. i. 1. When secrecy was necessary, the clerks and other attend- aiUS werejiot admitted ; but what passed was ^v^itten out by The Senate. 19 some of the Senators, Cic. pro Syll. 14. A decree made iu this manner was called Tag itum, C<7/;z^o/. Gordian, V2. Some think the Senatores Pedarii were then likewise ex- eluded, from Faler. Max. ii. 2. Julius Caesar, when consul, appointed that what was done in the senate (Diurna Acta) should be published, Suet. Jul. 20. which iJao seems to have been done formerly, Cic. pro Suit. 14. But this was prohibited Dv Augustus, Suet, Aug. ^6. An account of tlieir proceedings, however, was always made out ; and under the succeeding emperors we find some Senator chosen for this purpose, {Actis vel cojn- mentariis Senatus conficiend is,) Tacit. Ann. v. 4. Public registers (ACTA, i. e. tabula vel commentarii)^ were also kept of what was done in the assemblies of the people, and courts of justice ; also of births and funerals, of marriages and divorces, &c. which served as a fund of in- formation for historians ; hence Diurna Urbis Acta, Tacit. Annal. xiii. 31. ActaPopuli. Suet. Jul. 20. Act a Public A, Tacit. Ann. vii. 24. Suet. Tib. v. Plin. Ep. viio ti3. Urbana,/(/. ix. 15. usually called by the simple name Acta, Cic, Fam, xii. 8. Plin. vii. 54. SENATUS CONSULTUM and DECRETUM are used promiscuously to denote what the Senate decreed, C-tc Liv et Sail, passim. So Consulta et Decreta patrum, Horat. But they were also distinguished as a genus an9 .spe- cies^ decretum being sometimes put for a part of the SCtu?n, as when a province, an honour, or a supplication was decreed to any one, Festus. Decretum is likewise applied to otliers besides the Senate; as, Decreta Consulum., Au^uru?u, Pon- tijicum, Decurionum^ Ccesaris., Principis, Judicis, Sec. So likewise f<3W5Z//^a, but more rarely ; as, Consulta Sapienfum, the maxims or opinions, Cic. de leg. i. 24. Consulta Belli, determinations, Sil. iv. S5. Gracchi., Id. vii. 34. In writing a decree of the Senate, the time and place v/cre put first ; then the names of those who were present at the ingrossing of it ; after that the motion, with the name of the magistrate who proposed it ; to all which was subjoined what the senate decreed. Thus, SenatusConsultiauc- toritas, Pridie Kal. Octob. in ^^DE ^P'-LLTNIS, ScBiBEXDo adfuerunt, L, Domitjus, &;c. Quod M. 20 ROMAN ANTIQUITIES. Marcellus Cos. verba eecit de Provinciis Con- sularibus, de ea, re ita censuit, v. censuerunt, UTi, &c. Cic. Ep. Fam. viii. 8. Hence we read, De ea re Senatus consultus ita CENSUIT, DECREVIT ; alsO Pl A C ERE Se N A TUI ; SeNA- TUM VELLE ET iEqUUM CENSERE ; SeNATUM EXISTI- MARE, ARBITRARI ET JUDICARE ; ViDERI SenATUI, Cic. JJv. Sail. &c. passim. If the tribunes interposed, it was thus marked at the end : Huic Senatus CoNsuLTo intercessit C. Coelius, C. Pans A, Trie. Peer. Cic. ibid. Sometimes the tribunes did not actually interpose, but required time to consider of it : and thus the matter was delayed, Cic pro Sext. 34. When the senate ordered any thing tobedone, these words were commonly added, PRIMO QUOQUE TEMPORE, as soon as possible. When they praised the actions of any persons, they decreed, Eos recte at que ordine VI- DERI FEcissE, Liv. passim : if the contrary, Eos con- tra REMPUBLICAM FECISSE VIDERI, Id. Orders were given to the consuls, {Negotium datum est Consulibiis,) not in an absolute manner, but with some ex- ception ; Si videretur ; si e republica esse duce- rent, Xw. Quod commodo REiPUBLiCiE fieri pos- set, CVj. Ut CoNSULES alter, AMBOVE, si EIS VI- DEATUR, AD BELLUM PROFICISCERENTUR, Cic. When the consuls obeyed the orders of the Senate, they were said, ESSE vel FORE IN PATRUM POTESTATE; and tlic Seuators, when they complied with the desires of the people, esse in ropuLi POTESTATE, Xz'i;. ii. 56,&:c. When the Senate asked any thing from the Tribunes, the form was Senatus censuit, ut cum Tribunis age- RETUR, Liv. XXvi. ^Q>. XXX. 41. The decrees of the Senate, when written out, were laid up in the treasury, {in .^rariiim condehantur ^ where also the laws and other writings pertaining to the Republic were kept, Liv. iii. 9. Anciently they were kept by the ^Ediles in the temple of Ceres, Id. iii. 55. The place where the public records were kept, was called TABULARIUM. The decrees of the Senate, concerning the honours confer- red on Cresar, were inscribed in golden letters on columns The Senate. 21 of silver, Dio. xliv. 7. Several decrees of the Semite stiU exist, engraven on tables of brass ; particularly that record- ed, Lw. xxxix. 19. The decrees of the Senate, when not carried to the treasu- ry, were reckoned invalid, Suet. Aug. 94. Hence it was^ ordained, under Tiberius, that the decrees of the Senate, es- pecially concerning the capital punishment ofany one, should not be carried to the treasury before the tenth day, TacU. Ann. iii. 51. that the emperor, if absent from the city, might have an opportvmity of considering them, and, if he thought proper, of mitigating them,Z)?o. Ivii. i20. Suet. Tib. 75. Before the year of the city 306, the decrees of the Senate were suppressed or altered at the pleasure of the consuls, Liv. iii. SS* Cicero accuses Antony of forging decrees, Phil v. 5. Decrees of the senate were rarely reversed. While a question was under debate, ire integral every one was at liberty to express his dissent {.contrndicere vel dissentire) ; but when it was once determined (re peracta^) it was looked upon as the common concern of e.ich member to support the opinion of the majority (quod pluribus placuisset, cunctis tuendwn)., Plin. Ep. vi. 13. After every thing was finished, the magistrate presiding dismissed the Senate by a set form : Non amplius vos M OR AMUR, P. C. or. Nemo vos tenet; Nihil vos mo- RAMUR ; Consul, citatis nominibus, et peracta DiscEssiONE, mittit Senatum, PUn, Ep. ix. 13. 7. The Power of the Senate at different Periods, THE power of the Senate was different at different times. Under the regal government, the Senate deliberated upon such public affairs as the king proposed to them ; and the kings wf re said to act according to their counsel, {ex con- silio Patrumy Liv. i. 9.) as the Consuls did afterwards ac- cording to their decree, {ex SCto.) Liv. ii. 2, &c. Tarquin the Proud discontinued the custom handed down from his predecessors, of consulting tiic Senate about every thing ; banished or put to dea»-b tne chief men of that order, and chose no others in their room, Liv. i. 49. But this 22 ROMAN ANTIQUITIES. king was expelled from the throne for his tyranny, and the regal government abolished, A. U. 243. After this the power of the Senate was raised to the high- est. Every thing was done by its authority. The magis= trates were in a manner only its ministers, {quasi ministri gravissimi concilii. Cic. pro Sextio. 65. No law could be passed, nor assembly of the people held, without their con- sent ; nisi Patribus auctoribus^ h. e. jubentibus v. permit- tentibus, Liv. vi. 42. But when the Patricians began to abuse their power, and to exercise cruelties on the Plebeians, especially after the death of Tarquin, A. U. 257, the multi- tude took arms in their own defence ; made a secession from the city ; seized on Mons Sacer ; and created Tri- bunes for themselves, who attacked the authority of the Se- nate, and in process of time greatly diminished it by vari- ous means ; Jirst, by the intoduction of the Comitia Trtbu- ta^ and the exclusion of the Patricians from them, Liv. ii. 60. Then^ by a law made by Lastorius the Tribune, that the Plebeian magistrates should be created at the Comitia Tributa^ Liw. ii. 56. & 57. Dionys. ix. 49. Afterwards, by a law passed at the Comitia Cejitiiriata^ by the consuls Ho- ratius and Valerius, that the laws passed at the Comitia Tri- buta. {Plebiscita^) should also bind the Patricians, Liv. iii. S5. And lastly, by the law of Publilius the Dictator, A. U. 414. Liv. viii. 12. and of Mcenius the Tribune, A. U. 467. Cic. Brut. 14. that before the people gave their votes, the fathers should authorize whatever the people should deter- mine at the Comitia Centiiriata ; Cut Jierent auctores ejus rei, qiiam populus jussurus esset, v. i?i incertum^eventum co- ■mitiorum^ Liv.) Whereas formerly, whatever the people or- dered was not ratified unless the Senators confirmed it, Cnisi patres auctores ,/ierenty Liv. i. 17, 22. iv. 3, 49. Cic. Plane. 3.) But the power of the Senate was most of all abridged by the riglit of the Tribunes to render the decrees of the Senate of no efiect by their negative, {.inter cedendo.) Still, however, the authority of the Senate continued to be very great ; for as power and majesty properly belonged to the people, so did aw^AonVy, splendor, and dignity to the Senate. {Potes- tas inpopulo^ auctoritas in Senatu^ Cic. Legg. iii. 12 Lo- cust auctoritas^, doini splendor ; apud exteras nationes no- men etgratia. Id. pro Cluent, 5Q.) The Senate." 2^ The Senatorian order is called by Cicero, Ordo amplissi' mus et sanctissimus ; summum Populi Romania populorum- que et gentium omnium ac Begum consilium; pro. Dom. 28. And the Senate-house, Templum sanctitatis^ ampUtudinis, mentis^ consdii publicly caput urbisy ara sociorum, partus om- nium gentiunty &c. pro Milone, 33, Hence Senators in for- eiejn countries were treated with the highest respect, Cic. in Fer. iv. 11. And as Senators were not allowed to leave Ita- ly without permission, (5zn But diis corruption and contempt of the Senate at last ter- minated in the total subversion of public liberty. Cicero imagined, that, in his consulship, he had establish- ed the authority of the Senate on a solid basis, by uniting it with the equestrian order, Cic. Cat. iv. 10- Pis. 3. thus con- stituting what he calls Optima Respublica ; quis sit in potestatum optimorum, i. e. nobilium et ditissimorumy de Legg. iii. 17. (^?«rr«y-^aTf.a) and ascribcs the ruui of the re- public to that coalition not being preserved, Att. i. 14. 16. But it was soon after broken, (ordinum concordm disiuncta F • ' 26 ROMAN ANl'IQUITIES- estf Cic, Att. i. 13.) by the Senate refusing io release the E- qiiites from a disadvantageous contract concerning the Asi- atic revenues, Cic. Att. i. 17. which gave Csesar, when con- sul, an opportunity of obliging that order, by granting their request, as he had formerly obliged the populace by an agra- rian law, Suet. CVj. 20. Cic. Att. i. 15. and thus of artfully employing the wealth of the republic to enslave it, Dio. xxxviii. 1. &, 7. See Leges Juli^. The Senate and .E- quites had been formerly united, Sallust. Jug. 42. and were .afterwards disjoined from similar motives. See Lege& Semproni^, dejudiciis. Augustus, when he became master of the empire, retained the forms of the ancient republic, and the same names of the magistrates ; but left nothing of the ancient virtue and! liberty, {prisci et intcgri moris^) Tacit. Ann. i, 3. While he pretended always to act by the authority of the Senate, he artfully drew every thing to himself, Tiberius apparently increased the power of the Senate, by transferring the right of creating magistrates and enacting laws from the ^-owiVza to the Senate. Tacit. Ann.i. 15. Incon- sequence of which, the decrees of the Senate obtained the force of laws, and were more frequently published. But this was only a shadow of pov/er. For the Senators in giving their opinions depended entirely on the will of the prince: and it was necessary that their decrees should be confirmed by him. An oration of the emperor was usually prefixed to them, v/hich was not always delivered by himself, but was usually read by one of the quaestors, who were called Can- did ati, Suet. Tit. 6. Aug. 65. Hence what was appointed by the decrees of the Senate, was said to be oratione princi-^ pis cautitm ; and these orations are sometimes put for thf decrees of the Senate. To such a height did the flattery of the senators proceed, that they used to receive these speech- es with loud acclamations, Plin. Faneg. 75. and never failed to assent to them ; which they commonly did by crying out Omnes, Omnes, Vospisc. in Tacit. 7. The messages of the Emperors to the Senate were called £PISTOLiE or LlBELLI ; because they were folded iu the form of a letter or little book. J. Caesar is said to have first introduced these libdlif Plutarch, in Vita Gt*.?. Suet. The Senate. £>V Jul, 56. which afterwards came to be used almost on every occasion, Suet. Jul. 81. ylug. 53, &. 84. Tacit. Annalvw 39. But the custom of referring every thing to the Senate, iSurt. Tib. 30.) was only observed till the Romans became habituated to slavery. After this the Emperors gradually began to order what they thouglit proper, witliout consulting the senate ; to ab. rogate old laws and introduce new ones ; and, in short, to determine every thing according to their own pleasure ; by their answers to the applications or petitions presented to them, {per RESCRIPTA ad hbellos) ; by their mandates and laws, (ptr EOICTA et CONSTITUTIONES,) &c. Vespasian appears to have been the first who made use of these rescripts and edicts. They became more frequent under Hadrian : from which time the decrees of the Sen- ate concerning private right began to be more rare ; and at length under Caracalla were entirely discontinued. The Constitutions of the Emperors about punishing or rewarding individuals, which were not to serve as prece- dents, were called PRIVILEGIA, (quasi/; r?W leges,) A, Gell. X. 20. This word anciently used to be taken in a bad sense ; for a private law about inflicting an extraordinary punishment on a certain person without a trial, Cic. de Legg. iii. 19. as the law of Clodius against Cicero, Cic. fj?'o Dom, 17. which Cicero says was forbidden by the sacred lavvs and those of the twelve tables, Legis privatis hominibus ir- rogari : id est enim privilegium, Ibid, et pro Sext. 30. The rights or advantages {Jbeneficia) granted to a certain condition or class of men, used also to be called Privile- GiA ; Plin. X. S&^ 57, 110. as, the privileges of soldiers., pa- rents, pupils, creditors, &c. The various laws and decrees of the Senate, whereby su- preme power was conferred on Augustus, and which used to be repeated to the succeeding Emperors upon their acces- sion to the empire, {.Turn Senatus omnia, principibus so- li t a , Vespasiano decrevit, Tacit. Hist. iv. 3 . ) when taken to- gether are called the Royal law ; (LEX REGIA, vel LEX IMPERII, et AUGUSTUM PRIVILEGIUM;) proba- bly in allusion to the law, by which supreme power w»s granted to Romulus, Liv, xxxiv. 6* ^8 ROMAN ANTIQUITIES. TheEQUITES, THE Equites at first did not form a distinct order in the State. When Romulus divided the people into three tribes, he chose from each tribe 100 young men, the mos.t distinguished for their rank, their wealth, and other accom- plishments, who should serve on horseback, and whose as- sistance he might use for guarding his person. These 300 horsemen were called CELERES, (j<»)chi ivt rx i^-yx, ad opera veloces, Dionys. ii. 13. vel. a aexm, equf^s desultornis ; vel a Celere, eorum prafecto^ Festus) ; and divided into three centuries, which were distinguished by the same names with the three tribes ; namely RAMNENSES, TATIEN^ SES, and LUCERES. The number of the Equites was afterwards increased, first by Tullus Hostilius, who chose 300 from the Albans, {de- cern turmas : TURMA, quasi terma dicta est, quodter de- nis equitibus constaret, Varroet Festus.) Liv. i. 30. then by Tarquinius Priscus, who doubled their number, {Numero alti^ntm tantum adjecit ;) retaining the number and names of the centuries ; only those who were added, were called Ramnenses, Tatiensis, Luceresy posteriorcs. But as Livy says there were now 1800 in the three centuries, Tarquiii seems to have done more than double them; Liv. i. ^6. Servius Tullius made eighteen centuries oi Equites. He chose twelve new centuries from the chief men of the state, and made six others out of the three instituted by Romulus- Ten thousand pounds of brass were given to each of them to purchase horses ; and a tax was laid on widows, who were exempt from other contributions, for maintaining their horses, Liv. i. 43. Hence the origin of the Equestrian order, which was of the greatest utility in the State, as an interme- diate bond between the Patricians and Plebeians. At what particular time the Eqmtes first began to be reck^ oned a distinct order, is uncertain. It seems to have been before the expulsion of the kings, Liv. ii. 1. After this all those who served on horseback were not properly called E QUITES or knights, but such only as were chosen into ,'he equestrian order, usually by the Censor, and presented The Eq^iriTEs. 29 by him with a horse at the public expence, and with a gold ring. The Eqmtes were cliosen promiscuously from the Patri- cians and Plebeians. Those descended from ancient fami- lies were called ILLUSTRES, SPECIOCI, SPLENDL DI. They were not limited to any ffxed number. The age requisite was about eightce.* years, Dio. lii. 20. and the for- tune {census) at least towards the end of the republic, and under the Emperors, was 400 Sestertia^ that is, about L.o229 sterling, ^ora^£/;.i. l.57.FIin.Ep. 1 19. According to some, every Roman citizen whose entire fortune amount- ed to that sum, was every lustrum enrolled, of course in the list of Equites. But that was not always the case, Liv, v. 7. A certain fortune seems to have been always requisite, Liv. iii. 27. The badges o{ Equites were, 1. A horse given them by the public ; hence, called legitimus, Ovid. Fast. iii. 130.2. A golden ring, whence a n n u l o a u r £ o d o n a r i , for inte?' e~ quitcs legi; 3. Augustus Clavus^ or Tunica angusticlavia; 4. A separate place at the public spectacles, according to thelaw^ made by L. Roscius Otho, a tribune of the people, A. U. 686, Dio. xxxvi. 25. Juvenal, iii. 159. xiv. 324. that the Equites should sit in 14 rows (m XIV gradi bus,) next to the Orchestra, where the Senators sat ; whence Sedere ik QUATUORDECIM, Or IN EqUESTRIBUS ; Or SPECTARE iu Eq^uiTE, (or Equitem esse, Suet. Xhe office (MUNUS) of the Elquites at first was only to serve in the army ; but afterwards also to act as judges or jurymen, (utjudicarent,) and" to farm the public revenues, (vECTiGALiAcoNDucERE.) Judgcs wcrc choscn from the Senate till the year of the city 631, at which time, on account of the corruption of that order, the right of judging was transferred from them to the Equites, by the Sempronian law made by C. Gracchus. It was again restored to the Senate by Sylla ; but afterwards divided between the two orders. The Equites who farmed the revenues were divided into certain societies, and he who presided in such a society, was called MAGISTER SOCIETATIS, Cic. Fam. xiii. 9. These farmers (PUBLIC ANI) were held in sucli respect U Rome, that Cicero calls them Homines amiilissimi, honestis- 3® ROMAN ANTIQUITIES. simi, et ornatissimi ; pro lege Manil. 7. Flos equitum Homu- norwn, ornamentiwi civitatis^Jirmamentumreipublica^pro Plancio, 9. But this was far from being the case in the pro- vinces, where publicans were held in detestation, Ascon. in Cic^ Verr. ii. 3. especially their servants and assistants. A great degree of splendor was added to the Equestrian order by a procession, (TRANS-VECTIONE), which they made thro' the city every year on the ISthday of July, {Idihus Quinctiiibus,) Liv. ix. 46. from the temple of Honour, or of Mars, without the city, to the Capitol, riding on horseback, with wreaths of olive on their heads, drest in their Tog(EpaU matce^ or trahea^ of a scarlet colour, and bearing in their hands the military ornaments which they had received from their general, as a reward for their valour, Dionys> vi. 13. At this time it was not allowable to cite them before a court of jus- tice ; such at least was tlie case under Augustus, Suet. Aug, 38. Every fifth year, when this procession was made, the E- Quites rodG up to the Censor seated in his curule chair, before the Capitol ; and, dismounting, led along (traducebant) their horses in their hands before him, and in this manner they were reviewed, (RECOGNOSCEBANTUR.) If any Eques was coiTupt in his morals, or had diminish- ed his forturie, or even had not taken proper care of his horse, Gell. iv. 20, the Censor ordered him to sell his horse, Liv, xxix. 37. and thus he was reckoned to be removed from the equestrian order ; hence ADIMERE EQUUM,to degrade an Eques. But those whom the Censor approved, \vere or. dered to lead along (^/Wwccr^) their horses, Ovid. Trist.'ii. 89. At this time also the Censor read over a list of the Equi- fes, and such as were less culpable {qui minore culpa tene- rentur) were degraded, (ordine e^uestri moti sunt,) only by passing over their names in the recital. Suet. Cal. 16. We find it mentioned as a reward, that a person should not be obliged to serve in the armj^ nor to maintain a public horse, {ne invitus militaret^ neve Censor ei equum publicum assi^naret ;^ but this exemption could be granted only by the people, Liv. xxxix. 19. The Eques whose name was first marked in the Censor's books,was called EQUESTRIS ORDINIS PRINCEPS. TheFLEBEiAU or Popular Order.' 31 JPlin.E;).i, 14. or PRINCEPS JUVENTUTIS; notthat in reality tiic Equites were all joung n en ; tor many grew old ill that order, as Maecenas and Atiicus ; and wc find the t\v«) Censors, Livius and AVro, were Equitfs, Liv. xxix. 37. but because they had been generally so at their fir^^t insti- tution ; and among the^ Romans men were callpd Jicvenes till near fifty. Hence we find Julius Caesar called Adulescen, tidu.'i, when he stood candidate fi^r being high-priost, although he w as then thirty- six years old, Sail. Cat. 49. And Cicero called h\msv\^ Adoldesccns when he was Consul. Phil. ii. 5. Under the Emperors, the heirs of the empire were called Principes Juventutis, Suet. Calig. 15. vel juvenum^ Ovid, Pont. ii. 5. 41. ^ We find this name also applied to the whole Equestrian order, Liv. xlii. 61. The PLEBEIAN or POPULAR Order. ALL the other Roman citizens^ besides the Patricians and Equites, were called PLEBS or POPULUS. Potmlus sometimes comprehends the whole nation ; asCLEMENXiA RoMANi popuLi ; or all the people except the Senate ; as, Senatus popuLusquE RoMANUs. In which last sense plebs is also often used ; as when we say, that the Consuls were created from the plebeians^ that is, from those who were not Patricians. But plebs is usually put for the lowest common people; htncG^ad populumplebemque referre^ Cic. Fam.vm. 8. so Gell. X. 10. Thus Horace, Plebs . /«5-. 73. The Plebs rustic a was the most respectable, (optima et modestissima, Cic. Pull. ii. 31. laudatissima., Plin. 18. 2>.^ The Plebs urbana was composed of the poorer citizens, many of whom followed no trade, but were supported by the 32 ROMAN ANTIQUITIES. public and private largesses, Qos publicum mahim alebat ; Sail. Cat. 370 In the latter ages of the republic, an immense quantity of corn was annually distributed among themat the public expence, five bushels monthly to each man, Sallust fragm. edit, Cortii^ p. 974. Their principal business was to attend on the tribunes and popular magistrates in their assem- blies ; hence they were called torbaforensis. Liv. ix 46. and from their venality, and corruption, Ope r^ conducts y€imercenarii^ in allusion to mercenary workmen, Cic. Sext. 17, & 27. Q,.fratr. ii. 1. Att. i. 13. Oper^e conducto- RUM, Sext, 50. MULTITUDO CONDUCT A, PM. 1. 9. CON- cioNEs coNDUcTiE, Sext. 49,and 53.Concionalis hi- RUDo ararii^ tnisera ac jejuna plebecula, Att.'i. 16. FtEX ET soRDEs uRBis, lb, 13. Urbana 6"^ pevdlta Plebs, Id. vii. 3. Cicero often opposes the populace, ipopulusy plebs., multi- ttido, tenuiores, &c.) to the principal nobility, (prince/) e* de- lecti, Optimates et Optimatiutn principes, honesti, boni locu- pletes., ^c.) Cic. Sext. 48. 68, &c. There were leading men among the populace, {duces multi- tudinum,) kept in pay by the seditious magistrates, who used for hire to stimulate them to the most daring outrages, Sul- lust. Cat. 50. Cic. Sext, 37. 46. The turbulence of the common people of Rome, the natural effect of idleness and unbounded licentiousness, is justly reckoned among the chief causes of the ruin of the republic. Trade and manufactures being considered as servile employments, Sallust. Cat. 4» Dionys. ix. 25. they had no encouragement to industrj'^ : and the numerous spectacles, which were exhibited, particularly the shews of gladiators, served to increase their natural fero- city. Hence they were always ready to join in any conspira- cy against the state, Sallust, Cat. 37. Other DIFISIOjYS of the ROMAN PEOPLE. 1 PATRONS and CLIENTS ; NOBILES, NOVI, and IGNOBLES; OPTIMATES awrfPOPUL ARES. HAT the Patricians and Plebeians might be connected together by the strictest bonds, Romulus ordained that very Plebeian should choose from the Patricians any one he T NCBILES, NOVI, ICNOBLES, &C. 23 iileased, as his PATRON or protector, whose CLIENT he was called, {quod eum coiebat). It was the part of the Patron to advise and to defend his client ; to assist him with his in- terest and substance ; in short to do every thing for him that a parent uses to do for his children. The Client was obliged to pay all kind of respect to his Pcitron, and to serve him with his life and fortune in any extremity, Dionys, ii. 10. It was unlawful for Patrons and Clients to accuse or bear witness against each other : and whoever was found to have acted otherwise, might be slain by any one with impunity, as a victim devoted to Pluto and the infernal gods. Hence both Patrons and Clients vied with one another in fidelity and ob- servance : and for more than 600 years we find no dissen- sions between them, Ibid. Virgil joins to the crime of beat- ing one's parent that of defrauding a client, ^n. vi. 605. It was esteemed highly honourable for a Patrician to have nu- merous clients, both hereditary, and acquired by his own merit. Horat. Ep. ii. 1. 103. Juvenal, x. 44. In after times, even cities and whole nations were under the protection of illustrious Roman families ; as the Sicilians under the paironage of the M^ircelli, Cic. in Ccscil. 4. Fcrr. iii. 18. Cyprus and Cappudocia under that of Cato, Cic, Fam. XV. 4. the Allobroges under the patronage of the Fabii, Sallust. Cat. 41. the Bononienses, of the Antonii, Suet. Aug, 17. Lacedj3emon, of the Claudii, Id. Tib. 6. Thus the peo- ple of Puteoli chose Cassius and the Bruti for their patrons, Cic. Phil. ii. 41. Capua chose Cicero, Cic. Fis. 11. Fam, xvi. 11, &c. This however seems to have taken place also at an early period, Liv. ix. 20, &c. Those who, or whose ancestors, had borne any Curule magistracy, that is, had been Consul, Pr^tor, Censor, or Curule yEdile, were called NOBILES, and har^ the rightof making images of themselves, (JUS IMAGINUM,) which were kept with great care by their posterity, and carried be- fore them at funerals, Plin. xxxv. 2. These images were nothing else but the busts or the effi- gies of persons down to the shoulders, made of wax and painted ; which they used to place in the courts of their houses, iatria,) inclosed in wooden cases, and seem not to liavc brought them out except on sokrau occasions, Folyb, G 34 ROMAN ANTIQUITIES. vi. 51. There were titles or inscriptions written below iTiemg pointing out the honours they had enjoyed, and the exploits they had performed, {.Juvenal, viii 69. Plin. xxxv, 2.) lAexiQj^ imagines is often put for nobilitasy Sallust. Jui^ 85. JLiv, iii. 58. and €er(e for imagines, Ovid. Amor. i. 8. 65. Anciently this right of images was peculiar to the Patrici- ans : but afterwards the Plebeians also acquired it, wheri admitted to curule offices. Those who were the first of their family that had raised themselves to any curule office, were called Homines NO- VI, new men or upstarts. Hence Cicero calls himself, Ho- mo t)er se cognitus, i-> Cat. ill. Those who had no images of their own or of their ances- tors, were called IGNOBLES. Those who f n'onred the interests of the Senate were call- ed OPTIMATES, Liv. ii. 39. and sometimes Proceres or Principes. Those who studied to gain the favour of the multitude, were called POPULARES, of whatever order they were, Cic. pro Sext. 45. This was a division olfac- tions, and not of rank or dignity, Dionys. ix. 1. The con- tests betwixt these two parties excited the greatest com- motions in the state, which finally terminated in the extinc- tion of liberty. II. GENTES amlYAMllAIE ; Names of the Romans s INGENUI a;z(/LlBERTlNl, ^c. THE Romans were divided into various clans, (GEN- TES,) and each gens into several families, (in Fami» LIAS V. Stirpes.) Tlius in the Gens Cornelia^ were the fami- lies of the ScipioneSi fjentuli, Cethegiy Dolabellie., Cinna, Syllce., is'c. Those of the same gens were called GEN- TILES, and those of the same family AGNATI, Cic. Top. c. 6. Festus i?t voce G^iiTiLis. But relations by the fa- ther's side were also called Agnatic to distinguish them from Cognati, relations only by the mother's side. An Agndtus might also be called Cognatus^ but not the contrary. Thus patruus, the father's brother, was both an agnatus and cog" natus : but avunculus^ the mother's brother, was only ? rognatifSi Digest. Gkntes, Familt^, &c. 3^ Anciently Patricians only were said to have a ^ens, Liv» X. 8. Hence some Patricians were said to be majornm gen- tium, and others minorum gentium, Cic. Fam. ix. 21. But when tlie Plebeians obtained the right of intermarriage with the Patricians, and access to the honours of the State, they likewi-sc received the rights of gentesy {jura gentium, vel gentilia ;) which rights were the. s.'.id to be confounded by these innovations, Lw. iv. 1, &c. Hence, however, some gentes were Patrician, and others Plebeian : and sometimes in the same gens there were some families of Patrician rank, and others of Plebeian, iS'/^e^. Tib. 1. Wcnct 2i\so sine gente, for libertinus et non generosus, ignobly born, Horat. Sat. ii. 5.15. To mark the different gentes and families, and to distin- guish the individuals of the same family, the Romans, at lenst ^hi" more noble of them, had commonly three names, the Prcenomen, Nomen, and Cognomen, Juvenal, v. 126. The PRiENOMEN was put first, and marked the indi- vidual. It was commonly written with one letter; as A, for Aulus ; C. Caius ; D. Decimus ; K. Keeso ; L. Luci- us : M. M.s. the latter P«/6/mjr Cornelius Scipio Afri^ canus is called j^mrlianus^ because he was the son ot L. EiUilius Paulus, and adopted by the son of the great Scipio, who had no chii< iren of his own. But he is commonly ca)l- ei by authors Africanua Minor., to distinguish him from the fcvmer Sc:pio Africanus. Th^:" Romans at first seem to have had but one name ; as, R'WfuluSy Remus, &c. ort>v'0 ; as, Numa Pompilms, Vid- lus HostiliuSy Ancus Martins, Tdrqumius Pi'iscus, Servius Tullius, SdXtus Tarquinius. But when they were divided into tribes or clans and families, in (gentes etfumilias) they began commonly to have three ; as, L. Junius Brutus, M, Valerius Poplicola, &c. The ttiree names, however, were not always used ; com- jTiOnly two, and sometimes only one, namely, the sir-name, Sail. Cat. \T. Cic. Epist. passim. But in speaking to any one, ihe pr^snomen vv as generally used, as being peculiar to citizens ; for slaves had no prcenomen. Hence, Gaudent prc^nomine molhs auriculce, Hor. Sat. ii. 5. 32. The sir- names were derived from various circumstances, either from some quality of the mind ; as, Cato from wis- dom, i. e. Catus, wise, C?r. de Sen. 2, &c. or from the habit of the body, as, Calvus, Crassus, Mac^r, &c. or from culti- vating particular fruits, as, Xc«^«/«j, Piw, Cicero, he. Cer- tain sir-names sometimes gave occasion to jests and witty allusions ; thus, Asina, Hor. Ep. i. 13. 9. So Strranus Ca-- iatinus, Cic. pro Sext. 33. Hence also, iil a different bcnsc, Virgil says, Fel te sulco, Serrane, strentem, jEn. vi. 844. for Q. Cincinnatus \vas called Serranus, because the ambassadors from the Senate found him solving, when they brought him notice that he was made dictator, Plin xviii.-3. The Prannmen used to be given to boj's, on the 9th daj% which was called d?€s lustrrcus, or the day of purification. Gkntes, Tamilije., &c.' 57 when certain religious ceremonies were performed, Macrob. Sat. 1. 16. Suet. jVer. 6. The eldest son of the funiily usually got the Prirnomen of his father ; the rest were nam cd from their uncles or other relations. When there was only one daughter in a fimiily, she used to be called from the name of the gens ; thus, Tiillia^ the daugh- ter of Cicero ; Jiil^a, the daughter of Cnesar ; Octavia, the sister of Augustus, &c. and they retained the same name after they w ere married. When there were two daughters, the one was called Major, and the other Minor ; thus, Cor nelia Major, Cornelia Minor. If there were more than two, they vvert- distinguished by their number ; thus, Primal Se- cunda, Tt-rtia^ Quarta, Quintan ^c. Varro de Lat, lAngo viii. 38. Suet, Jul. 50. Or more softly, Tertulla, Quartilla, Quintilla, ^c. Cic. Att. xiv. 20. Women seem anciently to have also had praenomens, which were marked with invert- ed letters ; thus 0 for Caia, T for Lucia, &:c. During the flourishii-\g state of the republic, the names of the 'gentes, and sir-names of the familiiS always remained fixed and certain. They were common to all the children of a family, and descended to their posterity. But after the subversion of libertj-, they were changed and confound- ed. Those were called LIBERT, free, who had the power of doing what they pleased. Those who were born of parents •who had been alwavs free, were called INGENUI. Slaves made free were called LIBERTI and LIBERTINI. They were called Libtrti in relation to their masters, and Liber- f.ini in relation to free-born citizens ; thus, Libertus meus, Jibertus Casaris, 2Xid not libertinus ; but libertinus homot i. e. non ingenuus. : Some think that Libertini were the sons of the Liberti^ from Suetonius, Claud. 24. who says, that they were thus called anciently : so Isidor. ix. 4. but this distinction never occurs in the classics. On the contrary, we find both words applied to the same person in writers who flourished in dif- ferent ages. Plaut- Md. Glor. iv. I. 15, & 16. Cic. in Ferr. i. 47. Those whom Cicero, de Orat. i. 9. calls Libertini, Livy makes qui servitutem servhsent. 45. 15. Hence Sen- SS llOMAN ANTIQUITIES. eca often contras s Strvi et Ijiberi, ingenui et Libeftini, d€ Fit, Beat. 24. Ep. 31. &c. SLAVES, MEN became slaves among the Romans, by being taken in war ; by sale ; by way of punishment : or by being born in a state of servitude, {^Strv'i aut nascebantur nuxjiebant. 1. Those enemies who voluntarily laid down their anns, and surrendered themselves, retained the rights of freedom, and were called DEDITITIT, Lzv. vii. 31. C^s. i. 27. But those taken in the field, or in the storming of cities, were sold by auction (siib corofia, as it was termed, Liv v. 22, See. be- cause they wore a crown when sold ; or sub basta, because a spear was set up ^^•here the crier or auctioneer stood.) They were called SERVI, {quod esseiU bello servati,)Isidor. ix. 4. or MANCIPI A,(<7waj'2 manu ca/jti,) Furr. L. L. v. 8. 2. There was a continual market for slaves at Romd. Those who dealt in that trade (iM ANGONES vel VEN A- LITII, Cic. Oral. 70. qui venales habebant. Flaut. Tririm ii. 2. 51.) brought them thither from Virions countries. Tne celler was bound to engage for the soundness of his slaves, and not to conceal their faults, Hurat. Sat. ii. 3. 285. Hence they were commonly exposed to sale (f.-roducebantur) naked ; and they carried a scroll (titulus vel inscriptio) hanging at their necks, on which their good and bad qualities were speci- fied, Gdl. iv. 2. If the seller gave a false account, he was bound to make up the loss, Cic. Off. iii. 16, ik 17. or in some cases to take back the slave, Ibid. 23. Those whom the sel- ler would not warrant, (pr^estarej were sold with a kind of cap on their head, (pileat?., Gell. vii. 4.) Those brought from beyond seas had their feet whitened with chalk, {cretatis v. gypsatis pcdibus^ Flin. Nat. Hist. XXXV. 17, & 18. s. 58. Tibull. ii. 3. 64.j and their ears bor- cd, {auribus perforatis,) Juvenal, i. 104. Sometimes slaves were sold on thiit condition, that if they did not please, they should be returned {redhiberentur) within a limited time, Cic. Off. iii. 24. Plant. Most. iii. 2. 113. Festus. Foreign slaves, when first brought to the city, were c tiled VE- NALES, or Servi novicii, Cic. pro. Quinct, 6. Flin, Ep, Slaves. 5» i. 21. Quinctilian. i. 12. 2. viii. 2. Slaves who had served long, and hence were become artful, were called veteratores, TeTent. Heaut. v. 1. 16. It was not laA'ful tor free-born citizens among the Ro- mans, IS among other nations, to jell themselves for blaves : much less was it allowed any other person to sell free men. But as this gave occasion to certain frauds, it was ordained by a decree of the Senate, that those who allowed themselves to be sold for the sake of sharing the price, should remain in slaverJ^ Fathers might, indeed, sell their children for slaves : but these did not, on that account, entirely lose the rights of citizens. For when freed from their slavery, they were held as Ingenui, not Libertini. The same was the case with in- solvent debtors, who were given up as slaves to their credi- tors, {in servitutem creditoribus addicti)^ Quinctilian. vi. 3, 26. V. 10, 60. 3. Criminals were often reduced to slavery by way of pun- ishment. Thus thf)se who had neglected to have themselves enrolled in the Censor's books, or refused to enlist, {qm cen- sum aut milituim subterfugcrant,) had their goods confiscat- ed, and after being scourged, were sold beyond the Tiber, Cic. pro decina, 24. Those condemned to the mines, or to light with wild beasts, or to any extreme punishment, were first deprived of liberty, and by a fiction of law, termed slaves of punishment (servi poerne fingebantur). The children of any female slave became the slaves of her master. There was no regul;tr marriage among slaves : but their connection wascalledCONTUBERNIUM,and them- selves, Contubernales. Those slaves who were born in the house of their masters, were called VERNiE, or Fernaculi; hence lingua vernacula^ v-aris, one's mother tongue. These slaves were more petulant than others, because they were commonly more indulged, Horat, Sat. ii. 6. 66. The whole company of slaves in one house was called FA- MILIA, Nep. Att. 13. Cic. Paradox, v. 2. {Familia con- Stat ex servis pluribus, Cic. Casin. 19. Quindecim Itberi /lo- mines^ populus est ; tntidem servi^famiha ; totidem vinctiy ergastuliim, Apulei. Apol.) and the slaves, Familiares^ Cic, pro Coel. 23. Pldut.Amphit. Prnl. 126. Uenccfamiliit phi- Insophorum, scc^s. Cw. ,fin. iv. 18. Divin. ii. 1. Att. ii. 16. Sententia, qu^/amiliamducitjHoNESTUU qiTOD sit, id 4t) ROMAN ANTIQUITIES. ESSE SOLUM BONUM,thechief maxim of the Stoics, /flf.^;*^ ii. 16. Lucius familiam ducit^ is the chief of the sect, Id. Phil. V. 11. Accedit etiam^ quod familiam ducit^ &c. is the chief ground of praise, Fam. vii. 5. The proprietor of slaves was called Dominus, Terent, JSun. iii. 2. 23. whence this word was put for a tyrant, Liv. ii. 60. On this account Augustus refused the name, Suet'> Aug. 53, So Tiberius, Id. Tib. 27. Tacit. Annai 27. Slaves not only did all domestic services, but were like- wise employed in various trades and manufactures. Such as had a genius for them, were sometimes instructed in litera- ture and the liberal arts, {artibus ingenuis liberalibus v. ho~ nestisy Cic.) Horat. Ep. ii. 2. 7. Some of these were sold at a great price, Plin. vii. 39. s. 40. Senec. Ep. 27. Suet, Jul. 47. Cic. Rose. Com. 10. Hence arose a principal part of the immense wealth of Crassus, Plutarch, in vita ejus. Slaves employed to accompany boys to and from school, were called P^^dagogi ; and the part of the house where those young slaves staid, who were instructed in literature, (Uteris serviles, Senec. Ep. 88.) was called P-^edagogium:, Plin. Ep. vii. 27. Slaves were promoted according to their behaviour ; as from being a drudge or mean slave in town, {Alediastinus,) to be an overseer in the country, {Fillicus.) Horat. Ep. i. 14. The country farms of the wealthy Romans in later times were cultivated chiefly by slaves, Plin. xviii. 3. But there were also free men who wrought for hire, as among us, (MERCENARII,) Cic. Off. i. 13. pro Ccecin. 59. Among the Romans, masters had an absolute power over their slaves. They might scourge or put them to death at pleasure, Juvenal, vi. 219. This right was exercised with so great cruelty, especially in the corrupt ages of the repub- lic, that laws were made at different tirnes to restrain it. The lash was the common punishment; but for certain crimes they used to be branded in the forehead, and sometimes were forced to carry apiece of wood round their necks where- cver they went, which was called FURC A ; and whoever had been subjected to this punishment, was ever afterwards called FURCIFER. A slave that had been often beaten, was caUed MASTIQIA, Ter.Adelph. v. 2. 6. or VERBE^ Slaves. 41 RO, Id. Phorm. iv. 4. 3. A slave who had been branded, was called STIGMATIAS, v. -iciis, i. e. tiotiscomfjunctusy Cic. Off. ii. l.Inscriptus, Mart. viii. 75. 9. Literatus. Plant. Cas. n. 6. 49. (i. e. Uteris inscriptus: as, urnaliterata Plaut. Rud. ii. 5. 21. ensiculus literatus^ &c. Id. iv. 4. 112.) Slaves also by way of puuishnieiit were often shut up in a work- house, or bridewell, (in ergastulo v. PISTRINO,) where they were obliged to turn a mill for grinding corn, Plant, et Ter. passim, et Senec. de Bene/, iv. 37. Persons employed to apprehend and bring back {retrahe- rcy Ter. Heaut. iv, 2. 65.) slaves who fled from their mas- ters, (FuGiTivi, Cic. Fam. v. 9.) were called Fugitiva- Rii, Flor. iii. 19. Wiien slaves were beaten, they used to be suspended with a weight tied to their feet, that they might not move' them, Plaut. Asm. ii. 2. 34, &c. Aul. iv. 4. 16. Ter. Phorm. i. 4. 43. To deter slaves from offending, a thong {liahena) or a lash made of leatlier was commonly hung on the stair-case, (m scalts^) Horat. Ep. ii. 2. 15. but this was chiefly applied to younger slaves, Scoliast. ibid. Lnpuberes habena velferu^ la plectebantur, Ulpian. D. i. 33. de SC. Sdan. Some here ]o\n in scalis with latuit, as Cic. in Mil. 15. Phil. ii. 9. Slaves when punished capitdUy were commonly crucifi- ed, Juvenal vi. 219. Cic. in Ver. v. 3. 64. &c. but this pun- ishment was prohibited under Constantine. If a master of a family was slain at his own house, and the murderer not discovered, all his domestic slaves were liable to be put to death. Hence we find no less than 400 in one family punished on this account, Tacit. Ann. xiv. 43. Slaves were not esteemed as persons, but as things, and might be transferred from one owner to another, like any other effects. Slaves could not appear as witnesses in a court of justice, Ter. Phorm. ii. 1. 62. nor make a will, Plin. Ep. viii. 16. nor inherit any thing. Id. iv. 11. but gentle masters allowed them to make a kind of will, {quasi testamenta facer e ^) Plim Ep. viii. 16. Nor could slaves serve as soldiers, Id. x. 39. unless first made free, Serv. in Firg. JEn. ix. 547. except in the time of Hannibal, when, after the battle of Cann as, 8000 slaves were armed without being freed, Liv. xxii. 57, TJiesc H 42 ROMAN ANTIQUITIES. were called VOLONES, because they enlisted voluntarily, Festus ; and afterwards obtained their freedom for their bravery, Liv. xxvi. 16. Slaves had a certain allowance granted them for their sus- tenance, (DIMENSUM,) commonly four or five bushels of grain a-month, and five detiarii, which was called their MENSTRUUM, Donaf. in Ter. Phorm. i. 1. 9. Senec, Ep. 80. They likewise had a daily allowance, (DIARIUM, Horat. Ep. i. 14. 40.) And what they spared of this, or pro. cured by any other means with their master's consent, was called their PECULIUM. This money, with their master's permission, they laid out at interest, or purchased with it a slave for themselves, from whose labours tliey might make profit. Such a slave was called Servi VICARIUS, Horat, Sat. ii. 7. 79. Cic. Verr. i. 36. Phut. Asm, ii. 4. 27. Mar- tial, ii. 18. 7. and constituted part of the peculium^ with which also slaves sometimes purchased their freedom. Ci- cero says, that sober and industrious slaves, at least such as became slaves from being captives in war, seldom remained in servitude above si:: years, Phil. viii. 11. At certain times slaves were obliged to make presents to their masters out of their poor savings, {ex eo quodde dimenso sno unciatim corn- par serint^^ Terent' ibid. There was sometimes an agree- ment between the master and the slave, that Vv^hen the slave should pay a certain sum, the master should be obliged to give him his liberty, Plant. Aid. v. 3. Casin. ii. 5. 6, Sec, Riid. iv. 2, 23. Tacit, ^'w. 42. Although the state of slaves in point of right was the same, yet their condition in families was very different, according to the pleasure of their masters and their different employ, ments. Some Vv'ere treated with indulgence ; some served in chains, as janitors and door-keepers, iostiarii ;) and so in the country, catena fi cultoresy Elor. iii. 19. Fincti/bssores, Lu- van. vii. 402. others were confined in workhouses below ground, {in ergastulis subterraneis.) So Pliny, Vincti pedes, damjiatiC maiiiis^ inscriptiqiievultiis, arva exercent, xviii. 3. At certain times slaves were allowed the greatest freedom; as at the feast of Saturn in the month of December, Horat. Sat. ii. 7. 4. when they were served at table by their mas- ters. Auson. de Fer, Rom. ii. 15. and on the Ides of Au- gust, Fesius^ Slaves. 4r» The number of slaves in Rome and tln-ough Italy was im- mense, Juvenal, iii. 140. Some rich individuals are said to liave had several thousands, Seneca de Tranq. An. viii. Wars were sometimes excited by insurrections of the slaves, Flor» iii. 19, & 20. There were also public slaves, who were used for various public services, Liv. i. 7. and especially to attend on the magistrates. Their condition was much more tolerable than that of private slaves. They had yearly allowances (an- nua) granted them by the public, Plin. Epist. x. 30, 40. There were also persons attached to the soil, (adscript!- Tii, vel gleb^j adscripts ;} concerning the state of whom wri-. ters are not agreed. Slaves anciently bore the prosnomen of their master ; thus, Marcipores, Lucipores, Fublipofes, (quasi Alarci^ Lucu^ PuUii pueri^ &c.) Quinctilian. i. 4. 26. Afterwards they had various names, either from their country, or from other circumstances ; as Syrusy Davus, Geta, Farmaio, &:c. in comic writers ; TTro, Fawea, Dionysiiis^ &.c. in Cicero. But slaves are usually distinguished in the classics by their dif- ferent employments; as Medici, Chirurgi^ Fcedagogi, Gram- matici, Scriba, Fabri, Coqui, &c. Slaves were anciently freed iDy three ways, Censih Findic- ttty et TestamentOy Cic. Topic. 2. sen 10. 1. Fer CENSUM, when a slave with his master's know- ledge, or by his order, got his name inserted in the Censor's roll, Cic. Cacin. 34. s. 99. 2. Fer VINDICTxVM, when a master going with his slave in his hand to the Prcetor or Consul, and in the provin- ces, to the Proconsul or Proprastor, said, " I desire that this " man be free according to the custom of the Romans ;" HuNC HOMINEM LIBERUM ESSE VOLO MORE Vcl JURE QuiRiTiuM ; and the Prsstor, if he approved, putting a rod on the head of the slave, Horat. Sat. ii. 7. 76. pronounced, " I say that this man is free after the manner of the Ro- mans." Whereupon the Lictor or the master turning him round in a circle, (which was called VERTIGO, Fcrs. Sat. V. 75.) and giving him a blow on the cheek, (alapa, Isidor, jx. 4. whence, multo major is alapre mecum vertciint^ Liberty 44 ROMAN ANTIQUITIES. is sold, Sec. Phadr. ii. 5. 22.) let him go, (e manu emittebat) signifying, that leave was granted him to go where he pleas- ed. The rod with which the slave was struck, was called VINDICTA, as some think, from Findiciiis or Vindex^ a slave of the Vitellii, who informed the Senate concerning the conspiracy of the sons of Brutus and others, to restore the Tarquins, and who is said to have been first freed in this manner, Liv, ii. 5. whence also perhaps Vindicare in liberta- tern, to free. Mulier, modo quam vindicta redeinit, a wo- man lately freed, Ovid. Jrt. Am. iii. 615. 3. Per TESTAMENTUM, when a master gave his slaves their liberty by his will. If this were done in express Avords, {verbis directis,) as for example, Davus servus MEus LIBER ESTO, such frccd men were called ORC INI or C/iaromtie, because they had no patron but in the infernal regions. In allusion to which, those unworthy persons who got admission into the Senate after the death of Cassar, were by the vulgar called SENATORES ORCINI, Suet. Aug. ^5. But if the Testator signified his desire, by way of request, verbis precativisj) Rogo heredem meum, ut Davum manumittat; the heir {hares Jiduciarius) retained the rights of patronage. Liberty procured in any of these methods was called Jus- TA LiBERTAS. In later times, slaves used to be freed by various other methods ; by letter, {per epistohm ;) among friends, {inter amicos-,) if before five witnesses a master ordered his slave to be free ; or by table, {per mensam,) if a master bid his slave eat at his table, P/in. Epist. vii. 10. for it was thought disgraceful to eat with slaves or mean persons ; and bench- es {subsellid) were assigned them, not couches. Hence imi subsellii vir, a person of the lowest rank, Plant. Stick, iii. 4. 32. There were many other methods of freeing slaves : l:)ut these did not confer complete freedom. They only dis- cliarged them from servitude, but did not entitle them to the privileges of citizens : unless afterwards the vindicta was superadded, in presence of a magistrate, Plin. Ep. vii. 16, 8t32. Anciently the condition of all freed slaves was the same ; they obtained the freedom of the city with their liberty, Cic. I Slaves. 45 pro Bnlbo. 9. according to the institution of Scrvius Tulli- us, DioTii/S' iv. 22, &: 23. They were, however, clistril)uted among the four city tribes, as being more ignoble, Liv. JRpit. XX. But afterwards, when many worthless and profli- gate persons, being freed by their masters, thus in>r;ded the rights of citizens, various laws were made to check the licence of manumitting slaves. No master was allowed to free by his will above a certain number, in proportion to the number he had ; but not above 100, if he had even 20,000, which number some individuals are said to have possessed, Athen. Dei pnosop h. v'l. 20. Hence Seneca speaks of 5y«5?a spatia terrarumper vincfos colenda ; et familia bellwosis na- tionibus major, de Benef. ^iii. 10. and Pliny, of legions of slaves, so that the master needed a person to tell him their names, (nomenclator,) xxxiii. 1. s. 6. So Pctronius Arliiter, 37, & 117. Augustus ordained by a law, called jTHlia Sen- tia, that no slave who had ever for a crime been bound, publiclj' whipt, tortured, or branded in the face, although freed by his master, should obtain the freedom of the city, but should always remain in the state of the Dedifitii, who were indeed free, but could not aspire to the advantages of Roman citizens. The reason of this law may be gathered from Dinnt/s. iv. 24. Afterwards by the law called Jufiia A''o7'5ana, because it was passed in the consulship of L. Junius Norbanus, A. U. 771, those freed per epistolam, inter amicos, or by the other less solemn methods, did not obtain the rights of Roman ci- tizens, but of the Latins who were tran^^planted into colo- nies. Hence they were called LATINl JUNIANl, or sim- ply LATINI, Plin. Ep. X. 105. Slaves when made free used to shave their heads in the temple of Feronia, and received a cap or hat, as a badge of liberty, Sctv. ad Firg. jEn. viii. 564. Liv. xiv. 44. Hence, .ddpileutn sei-viim vocore, for adlibertatem^ Liv. ibid. Th.ey also were presented with a white robe and a ring bj* their master. Thej^ then assumed a prisnomen, and prefixed the name of their patron to their own. "^Thws^ Marcus Tullius Tiro^ the freedman of Cicero. In allusion to which, Per- sius says, Verterit Imnc Domimis; momenio tm'binis exit MARCUS Dama, Sat. y. 77. Hence Tanquam habeas 46 ROMAN ANTIQUITIES. /m nomina, for tanqitam liber stSy Juvenal, v. 120. So fo- reigners, when admitted to the freedom of the city, assumed the name of that person by whose favour they obtained it, Cic. Fam. xiii. 35, 36. Patrons retained various rights over their freedmen. If the patron w^ere reduced to poverty, the freedman was bound, in the same manner as a son, to support him, according to his abilities. And if a patron failed to support his freedman when poor, he was deprived of the rights of patronage. If a freedman died intestate, without heirs, the patron sue- ceeded to his ejRects. Those freedmen who proved ungrateful to their patrons were condemned to the mines {ad lautumias) ; and the em- peror Claudius, by a law, reduced them to their former sla- very, {in servitutem revocavit,) Suet. Claud. 25. Liber - turn qui probatusfuerit patrono delatores summisisse, qui de statu ejus facer ent ei qut^stioneiriy servum patroni esse jus- sit, L. 5. Dig. de jure Patron. RIGHTS of ROMAN CITIZENS, and of the different Inhabitants of the ROMAN EMPIRE, "HILE Rome was but small and thinly inhabited, who- ever fixed their abode in the city or Roman territory, obtained the rights of citizens. To increase the number of citizens, Romulus opened an asylum or sanctuary for fugitive slaves, insolvent debtors and malefactors, whither great numbers flocked from the neighbouring states, Liv. i. 8. because no one could be ta- ken from thence to punishment, /of. XXXV. 51. Tac. An. iii. 60. Even vanquished enemies were transplanted to Rome, and became citizens. In this manner the freedom of the city was granted by Romulus to the Ci^ninenses, Ca- merini, Antemnates, Crustumini, and at last also to the Sa- bines. This example was imitated by his successors, who transplanted the Albans and other vanquished tribes to Rome, Liv. i. 29. 33. Likewise after the expulsion of the kings, the freedom of the city was given to a great many, especially after the taking and burning of the city by the Gauls ; at which time, that it might be rebuilt with more Rights o/' Roman Citizens, &c. 47- splendor, new citizens were assumed from the Veientes, Capenates, and Falisci, Liv. vi. 4. Besides those who had settled in the Roman territory, and who were divided into city and country tribes, the freedom of the citv was c;r mtcd to several foreign towns, whicli were called MUNICIPIA, and the inhabitants MUNICIPES, because they might enjoy cfiices at Rome, {munia^ v. inuntra capere poterant.) When any of these fixed their abode at Rome, they became Gives Ingenui, Cic. Brut. 75.de Le^g. ii. 2. Hence it happened, th it the same person might enjoy the highest fioaours both at Ro.ne, and in his own tree town. Thus Milo, winle he stood candidate for the Con- sulship at Rome, was Dictator in his own native city Lanu- vium, Cic. pro Mil. 37. The free town in which one was born was called patria germ an a, natures vel loci ; Rome, {qua except us est,) patria communis, civitatis \ el jurist Cic. de Legg. ii. 2. But Avhen the Roman empire was more widely extended, and the dignity of a Roman citizen of course began to be more valued, the freedom of the city ijus civitatis) was more sparingly conferred, and in different degrees, according to the different merits of the allies towards the republic. To some the right of voting, {jus suffragii) was given, and to others not. The people of Ca^re were the first who obtained the freedom of the city without the right of voting, for hav- ing rece'ved the sacred things of the Roman people, the Vestal Virgins and priests, when they fled from the Gauls, A. Gell. xvi. 13. The freedom of the city was soon after given in this manner to the people of Capua, Fundi, For- mise, Cum^, and Sinuessa, Liv. viii. 14. to the inhabitants of Acerra, ibid. 17. and of Anagnia, &c. The inhabitants of Lanuvium, Aricia, Nomentum, Pe- dum, received the freedom of the city, with the right of vot- ing, Liv. viii. 14. and Privernum, (Frivernates,) c. 21. But several cities of the Hernici preferred their own laws, Liv. ix. 43. In process of time, this right was granted to all the allies of the Latin name ; and after the social or Italian war, it was communicated to all the Italians south of the river Ru- bicon on the upper sea, and of the city Luca on the lower .sea. Afterwards the same right was granted to Cisalpine 48 ROMAN ANTIQUITIES. Gaul, which hence began to be called Gallia Togata. Ail- gustus was very sparing in conferring the freedom of the ci- ty ; but the succeeding Emperors were more liberal, and at different times granted it to different cities and nations. At last Caracalla granted the freedom of Roman citizens to all the inhabitants of the Roman world. Those who did not enjoy the right of citizens were anci- ently called HOSTES, and afterwards PEREGRINI, Cic. Off. i. 12. After Rome had extended her empire, first over Latium, then over Italy, and lastly over great part of the world, the rights which the subjects of that empire enjoyed, came to be divided into four kinds ; which may be called Jus Quiritmin, Jus Latii^ Jus Italicum^ Jus Provinciarum vel Provinciale. JUS QUIRITIUM comprehended all the rights of Ro- man citizens, which were different at different times. The rights of Roman citizens were either private or public : the former were properly called Jus Quiritium, and the latter Jus Civitatis, Plin. Ep. x. 4. 6. 22. Cic. in Rull. ii. 19. as with us there is a distinction between denization and naturali- zation. I. PRIVATE RIGHTS of ROMAN CITIZENS. IT^HE private rights of Roman citizens were, 1. Jus Liher- -■- tatis, the right of liberty ; 2. Jus Gentilitatis et Familice^ the right of family ; 3. Jus Connuhii^ the right ofmarriage ; 4. Jus P atrium^ the right of a father; 5. Jus Dominii Legiti- 7m, the right of legal property ; 6. Jus Testamenti et Ilaredu talis, the right of making a will, and of succeeding to an in- heritance; and 7. Jus Tutda, the right of tutelage or ward- ship. 1. The RIGHT o/ LIBERTY. This comprehended LIBERTY, not only from the pow- er of masters, idominorurn) , but also from the dominion of tyrants, the severity of magistrates, the cruelty of creditors, and the insolence of more powerful citizensv After the expulsion of Tarquin, a law was made by Bru- tus, that no one should be king at Rome ; and that whosoe- RtGrfTs o/'RoMAN Citizens. 40 Ver should form a design of making himself king, might be slain with impunity. At the same time the people were bound by an oath, that they would never suffer a king to be created. Roman citizens were secured against tlie tyrannical treat- ment of magistrates, first by the right of appealing from them to the puople, and that the pers(Mi who appealed, should in no manner be punished, till the people determined the mat- ter ; but chiefly, by the assistance of their tribunes. None but the whole Roman people in the Comitia Centu- riata, could pass sentence on the life of a Roman Citizen. No magistrate was allowed to punish him by stripes or capitally. The single expression, " I am a Roman Citizen," check- ed their severest decrees, Cic. in Vtrr. v. 54, & 57, &c. Hence, QUIRITARE dicrtm\ qui Qidritium jidem damans imploraty Varro de Lat. Ling. v. 7. Cic. ad Fam. x. 32o Liv. xxix. 8. Acts xxii. 25. By the laws of the twelve tables it was ordained, that in- solvent debtors should be given up iaddiccrcntur) to their creditors to be bound in fetters and cords, {compedihiis et nereis) whence they were called NEXI, OBiERATI, et ADDICTI. And although they did not entirely lose the rights of freemen, yet they were jn actual slavery^ and often treated more harshly than even slaves themselves, Liv. ii, 23. If any one was indebted to several persons, and could not find a cautioner (vindex vel expromissor) within sixty days, his body {corpus) literally, accordiiig to some, but more pro- bably according to others, his effects, might be cut in pieces, isecari^) and divided among his creditors, A. Gell. xx. L Thus sectio is put for the purchase of the whole booty of any place, or of the whole effects of a proscribed or condemned person, Cic. Phil. ii. 26. or for the booty or goods tliem- selves, Cces. de BdL Gall. ii. So. Cic. Inv. i. 45. and secto- res for the purchasers, Ascon. in Cic. Verr. i. 23. because they made profit by selling them in parts ; (a seed) : Hence Sectores coUorum et bonorum^ i. e. qui proscriptos occidebant et bona enrum emebant, Cic. Rose. Am. 29. To check the cruelty of usurers, a law was made, A. U, 429. whereby it was provided, that no debtor should be kepf: X §9 ROMAN ANTIQUITIES. in irons or in bonds ; that the goods of the debtor, not his^- person, should be given up to his creditors, Liv. viii. 28. But the people not satisfied with tnis, as it did not free them from prison, often afterwards demanded an entire abo- lition of debts, which they used to call NEW TABLES. But this was never granted them. At one time, indeed, bj' a law passed by Valerius Flaccus, silver was paid with brass, as it is expressed, Sallust. Cat. 33. that is, the fourth part of the debt only was paid, Vl'H ii. 23. an as for a sestertius, and a sesterthis for a denarnis ; or 25 for 100, and 250 for 1000. Julias Caesar, after his victory in the civil war, enacted some- thing of the same kind, Cas. Bell. Civ. iii. 1. Suet. Jul. 14» 2. The RIGHT of FAMILY, Each gens and each family had certain sacred rites pecu- liar to itself, which went by inheritance in the same manner as effects, Liv. iv. 2. When heirs by the father's side of the same family iagnati) failed, tliose of the same gens {gentiles) succeeded, in preference to relations by the mother's side icognati) of the same {^.mi\y( /amilia). No one could pass from a Patrician family to § Plebeian, or from a Plebeian to a Patrician, unless by that form of adoption, which could on- ly be made at tlie Comitia Curiata. Thus Clodius, the ene- my of Cicero, was adopted by a Plebeian, that he might be created a tribune of the commons, Cic. Dom, 15. Att. \, 18 & 19. 3. The RIGHT of MARRIAGE. No Roman citizen was permitted to marry a slave, a bar- barian, or a foreigner, unless by the permission of the peo- ple ; as Liv. xxxviii. SQ. CONNUBIUM est matrimonium inter cives : inter servos autem, aut inter civem et peregrintt, conditionis hominem, aut servilis, ?2on est Cafinuhium, sed CONTUBERNIUM, BoetL in Cw. Top. 4. By the laws of the Dtcemviri^ intcrmarriiiges between the Patricians and Plebeians were prohibited. But this restriction was soon abolished, LiiK iv. 6. Afterwards, however, when a Patri- Qian lady married a Plebeian, she was said Patribus enubere^ Rights o/'Roman Citizens. 51 and was excluded from the sacred rites of Patrician ladies^ Liiv. X. £3. When any woman married out of her chm, it was called Gentis enuptio ; which likewise seems anciently to have been forbidden, Liv. xxxix, 19. The diftcrent kinds of marriages, 8cc. will be treated of hereafter. 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 expose them when infants ; which cruel custom prevailed at Rome for many ages, as among other nations, Cic. de Legg. iii. 8. Ter, Hcaut. iv. 1. Suet. Octav. 67. Calig. 5. Tacit. Hist, iv. 5. Scnec. de Ben. iii. 13, &c. and anew-born infant was not held legitimate, unless the fiither, or in his absence some person for him, lifted it from the ground, {terra ievasset,) and placed it on his bosom ; hence tollere filium^ to edu- cate ; non tollere^ to expose : but even when his childrea xvere grown up, he might imprison, scourge, send them bound to wofk in the country, and also put them to death by any punishment he pleiiised, if they deserved it. Sail. Cat. 39. Lvv. ii. 41. viii. 7. Dionys. viii. 79. Hence a father is called a domestic judge^ or magistrate^ by Seneca ; and a censor of his son ^ by Sueton. Claud. 16. Romulus however at first permitted this right only in certain cases, Dionys. ii. 15. ix. 22. A son could acquire no property but with his father's consent ; and what he did thus acquire vi^as called his PE- CULIUM, as of a slave, Liv. ii. 41. If he acquired it in war, it was called PECULIUM CASTRENSE. The condition of a son was in some respects harder than that of a slave, A slave when sold once, became free ; but a son not, unless sold three times. The power of the father was suspended, when the son was promoted to any public office, but not extinguished, Liv. ib. For it continued not only during the life of the children, but likewise extended to grand- children, and great grand-children. None of them became their own masters, (sui Juris,) till the death of their father and grandfather. A daughter by marriage passed from the power of her father under that of her husband, S^ ROMAN ANTIQUITIES, EMANCIPATION and ADOPTION. Whe N a father wished to free his son from his authority, (EMANCIP ARE,) it behoved him to bring him before the Prcctor, or some magistrate, (apud quern legis actio eratj and there sell him three times, per^es et LiBRAM,asit was termed, to some friend, who w^s called Pater Fiducia- Rius, because he was bound after the third sale to sell him back (remancipare) to the natural fither. There were be- sides present, Libripens, who held a brazen balance ; live witnesses, Roman citizens, past the age of puberty ; and an antestatus, who is supposed to be so named, because he summoned the witnesses by touching the tip of their ears, Mor. Sat. I. 9. 76. In the presence of these, the natural father gave over, {mancipabat, i. e. mami tradebat) his son to the purchaser, adding these words, Mancupo tibi hung FiLiuM, q^tji meus est. Then the purchaser holding a brazen coin, iststertius,) said, Hunc ego hominem ex JuReQuIRITIUM MEUM esse aid, ISq_UE jflHI EMPTUS EST HOC -^RE, iE,NEA(^uE LIBRA : and having struck the balance with the coin, gave it to the natural father by way of price. Then he manumitted the son in the usual form. But as by the principles of the Roman law, a son, after be- ing manumitted once and again, fell back into the power of his father; the imaginary sale was thrice to be repeated, ei- ther on the same day, and before the same witnesses, or on diiferent days, and before different witnesses ; and then the purchaser, instead of manumitting him, which would have conferred a jus patronatus on himself, sold him back to the natural father, who immediately manumitted him by the same formalities as a slave, {.Libra et are liberatum emitte- bat^ Liv. vi. 14.) Thus the son became his own master, isui juris /actus est.) Liv. vii. 16. The custom of selling per as vel assem et libram^ took its rise from this, that the ancient Romans when they had no coined money, Liv. iv. 60. and afterwards when they used asses of a pound weight, weighed their money, and did not count it. In emancipating a daughter or grand- children, the same formalities were used, but only once, iunica mancipatio suf^ Rights o/Roman Citizens. 53 ficiehat ;) they were not thrice repeated as in emancipating; a son. But these formaHties, hke otliersof the same kind, in process oftimecameto be thought troublesome. Atha- nasius, therefore, and Justinian, invented new modes of emancipation. Athanasius appointed, that it should be suf- ficient if a father showed to a judge the rescript of tiic Em- peror for emancipating his son ; and Justinian, that a faiher should go to any magistrate competent, and before him, with the consent of his son, signifj^ that he freed his son from his power, by si'.ying, Huncsui Juris esse patior, mea- qjJE MANU mitto. Wncn a man nad no children of his own, lest his sacred rites and name should be lost, he might assume others, {ex- traneos) as his children«by adoption. If the person adopted were his own master, {sui juris,) it was called ARROGATIO, because it was made at tlie Co- mitia Curiata, by proposing a bill to the people, iperpopuli rogationem,) Gell. v. 19. If he were the son of another, it was properly called ADOPTIO, and was performed before the Prietor or Pre- sident of a province, or any other magistrate, (apud quern legis actio erat.) The same formalities were used as in eman- cipation. It might be done in any place, Suet. Aug. 64. The adopted passed into the family, the name, and sacred rites of the adopter, and also succeeded to his fortune. Cicero makes no distinction between these two forms of adoption, but calls both by the general name oiAdoptio, 5. The RIGHT of PROPERTY. Things, with respect to property among the Romans, were variously divided. Some things were said to be of DI- VINE RIGHT, others of HUMAN RIGHT. The former were called sacred, {res SACRtE ;) as, altars, temples, or any thing publicly consecrated to the g(Kls by the authority of the pontiffs : or r^-Zf^zow,?, (RELIGIOSiE ;) as, Sepul- chres, &c. or inviolable, (SANCTiE, i. e. aliqua sanctio?ie munitce;) as, the walls and gates ofacity,7l/acrt)6. Sat. iii. 3. These things were subject to the law of the pontiffs, and the property of them could not be transferred. Temples were U llOMAN ANTIQUITIES. rendered sacred by inauguration, or dedication, that is, by being consecrated by the augurs, {consecrata inaugurata- que.) Whatever was legally Cf.nse. -rated, was ever after in- applicable to profane uses, FHn. Ep. ix. 39. x. 58, 59, 76. Temples were supposed to belong to the gods, and could not be the pr(>perty of a private person. Things ceased to be sacred by being unhallowed, {txaugnratione^ Liv. i. 55.) Any place became religious by interring a dead body in it, 1. 6. (|. 4. D, (le divis. rei. Sepulchres Vi'ere held religious because they were dedicat- ed to the infernal gods, {Diis mambus vel inferis.) No se- pulchre could be built or repaired without the permission of the pontiffs ; nor could the property of sepulchres be trans- ferred, init only the right of buryni^in them, {jus morticum infcrendi.) The walls of cities were also dedicated by cer- tain soienn ceremonies: and therefore they were held invio- lable, (sancn.,) and could not be raised or repaired without the authority of the pontiffs. Things of huiTian ncr^tt were called p7Y. dren ; failing them to his nearest relations by the father's side, (agjiatis,) and failing them to those ol" the same gens {gentUibu.s.) At Nice, the community claimed the' estate of every citizen who died intestate, Plin. x. 88. The inheritance was commonly di\ided into twelve parts, called uncite. The whole was called AS. Hence hcsres edc asse^ heir to one's whole fortune; hares ex semisse,ex trieri" te, dodrantCy &c. to the half, third, three fourths, &c. The UNCIA was also divided into parts; the half SE- MUNCIA, the third DUELLA, or bina sextuU, the fourth SICILICUM, v. -m, the sixth SEXTULA, Ck, pro C^cin. 6. 7. 7'he RIGHT o/TUTELAGE or WARDSHIP. Any father of a family i?iight leave whom he pleased as guardians {tutores) to his children, Liv. i. 34. But if he died intestate, this charge devoh'ed by law on the nearest relation by the father's side. Hence it was called TUTELA LE- GITIM A. This law is generally blamed, as in later times it gave occasion to many frauds in prejudice of wards, ipu- pil/i,) Horat. Sat. ii. 5. Juvenal. Sat. vi. 38. When there was no guardian by testament, nor a legal one, then a guardian was appointed to minors and to wo- men by the praetor, and a majority of the tribunes of the people by the Atilian law, made A. U. 443. But this law was afterwards changed. Among the ancietit Romans, women could not transact any private business of importance, without the concur- rence of their parents, husbands or guardians, Liv- xxxiv. 2. Cic> Flacc. 34. & Z^. and a husband 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. Wo- men, however, seem sometimes to have acted as guardians, Liv, xxxix. 9.. If any guardian did not discharge his duty properlj'-, or de- frauded his pupil, there was an action against him, {.judi- cium tutelcdy) Cic. pro Q. Rose. 6. Orat. i. S6. Caecin. 3. Under the emperors guardians were obliged to give ^ cu= rity isatisdare for their proper conduct, (rem puriLLi FORE SALVAM,) Digest. A signal instance of punisi-mcnt inflicted on a perfidious guardian is recorded, Suet, Oalb. 9. m ROMAN ANTIQUITIES. II. PUBLIC RIGHTS OF ROMAN CITIZENS. THESE were Jus Census, Mdaiie, Tributorum^ Suffra- gii, Honor urn, et Sacrorum. I. JUS CENSUS. The right of being inrolled in the censor's books. This will be treated of in another place. II. JUS MILITIiE. The right of serving in the army. At first none but citizens were enlisted, and not even those of the lowest class. But in after times this was altered ; and under the emperors, soldiers were taken, not only from Italy and the provinces, but also at last from barbarous nations, ^OA7/72. iv. 30, & 31. III. JUS TRIBUTORUM. Tributum properly was money publicly imposed on the people, which was exacted from each individual through -the tribes in proportion to the valuation of his estate, {pro portione census.) Money publicly exacted on any other account, or in any other man- ner, was callt'd VECTIGAL, Farro de Ling. Lat. iv. 36. But these words are not always distinguished. There were three kinds of tribute ; one imposed equally on each person, {in capita^') which took place under the first kings, Dionys. iv. 43. ; another according to the valuation of their estate; (ex censu^) Liv. i. 43. iv. 60. Dionys. iv. 8. 19. and a third, which was extraordinary, and demanded only in cases of necessity, and therefore depending on no rule, {te- merarium, Festus.) It was in many instances also volunta- ry. L?v. xxvi, 36. and an account of it was taken, that when the treasury was again enriched, it might be repaid, as was done after the second Punic war. Id. After the expulsion of the kings, the poor were for some time freed from the burden of taxes, until the year 349, \yhen the senate decreed, that pay should be given from the treasury to the common people in the army, who had hith- erto served at their own expence ; vv hereupon all were forc- ed to contribute annually according to their fortune for the pay of the soldiers, Liv. iv. 59, and 60. In the year of the city 586, annual tributes were remitted, on account of the immense sums brought into the treasury by L. Paullus j^milius, after the defeat of Perseus, Cic. Of- fic. ii. 22. and thisimnnniity from taxes continued, according fo Plutarch, down to the consulship of Hirtius and Pansa. Rights q/'Roman Citizens. 69 The other taxes (VECTIGALIA) were of three kinds, Pofto?'iiim, Decu?ji^j and Scrip tura. I. PORTORIUM was money paid at the port for goods imported and exported, the collectors of which were called PORTI TORES ; or for carry inj? goods over a bridge, where every carri?(re paid a certain sum to the exacter ol'the toll, Digest. Vid. C^fs. B. G. I. 18. etlll. 1. The portoria were remitted A. U. 692, the year in which Pompey trium- phed over Mithridates, Dio. 37, 51. Cic. Att, ii. 16. but were afterwards imposed on foreign merchandize by Caesar, Suet. Jul. 43. 2. DECUM-^, Tithes, were the tenth part of com, and the fifth part of other fruits, which were exacted from those who tilled the public lands, either in Italy or without it. Those who farmed the tithes were called DECUMANI, and esteemed the most honourable of the publicans or far- mers general, as agriculture w as esteemed the most honour- able way of making a fortune among the Romans, Cic. Ferr, ii. 13. iii. 8. The ground from which tithes were paid was also called DECUMANUS, Cic Ferr. iii. 6. But these lands were all sold or distriliiited among the citizens at dif- ferent times, and the land of Capua the last, by Caesar, Suet, Jul. 20. Cic. Att. ii. 16. 3. SCRIPTURA was the tax paid from public pastures and woods, so called, because those who wished to feed their cattle there, subscribed their names before the farmer of them {coram pecuario vel scnptuario,) Varro de Re Rusti- ca, ii. 2. 16. and paid a certain sum for each beast ; Festus in ScRiPTUARius iVcER : as was likewise done in all the tithe-lands, Cm agris de'cumanis^) Cic. Verr. iii. 52. Piaut. True. i. 2. 44. All those taxes were let publicly by the censors at Rome, {locubantur sub hasta^ Cic. Rull. i, 3. Those who farmed thein {redimebant v. conducebant,) were called PUBLIC A- Nl or MANCIPES, dc. pro Domo, 10. They also gave securities to the people, (Prides,) and had partners who shared die profit and loss with them, (Socii.) There was long a tax upon salt. In tlie second year after the expulsion oFTarquin, it was ordained that salt should not be sold by private persons, but should be furnished at a 1-0 ROMAN ANTIQUITIES. lower rate by the public, Liv. ii. 9. A new tax was impos- ed on salt in the second Punic war, at the suggestion of the censors Claudius Nero and Livius, chiefly the latter, who hence got the sirname of Salinator^ Liv. xxix. 37. But this tax was also dropped, although it is uncertain at what time. There was another tax which continued longer, called \T- CESIMA, i. e. the twentieth part of the value of any slave who was freed, Cic. Att, ii. 16. It was imposed by a law of the people assembled by tribes, and coiifirmed by the senate.^ What was singular, the law was passed in the camp, Liv. vii. 1 6. The money raised from this tax {aurum vicesimaru um) used to be kept for the last exigencies of the state, Liv. xxvii. 10. Various other taxes were invented by the emperors ; as the hundredth part of things to be sold, fcentesima^ Tacit. i. 78.) tlie twenty-fifth of slaves, (vigesima quinta mancipio- rum^) and the twentieth of inheritances, {vigesima hceredita- tum^) by Augustus, Suet. Aug. 49. Dio. Iv. 25. a tax on eatables, {pro eduliis^) by Caligula, Suet. 40. and even on urine, by Vespasian, Suet. 23, &;c. IV. JUS SUFFRAGII, the right of voting in the diffe- rent assemblies of the people. V. JUS HONORUM, the right of bearing public offices in the state. These were cither priesthoods or magistracies, Qacerdotia et magistratus,) which at first were conferred only on Patricians, but afterwards were all, except a few, shared with the Plebeians. VL JUS SACRORUM. Sacred rites were either pub- lic or private. The public were those performed at the pub- lic expence ; the private were those which every one pri- vatelj" observed at home. The Vestal Virgins preserved the public hearth of the city ; the curiones with their curia- les kept the hearths of the thirty curias ; the priests of each village kept the fires of each village, {Pagoruni). And be- cause upon the public establishment of Christianity in the ^ empire, when by the decrees of Constantine and his sons, the profane worship of the gods was prohibited in cities, and their temples shut, those who Avere attached to the old super- stition fied to the country, and secretly performed their for- mer sacred rites in the villages j hence PAGANS came to Rights of Roman Citizens. 71 be used for Heathens, (i^ikci, Gentiiesjov (or thosewhowcTo not Christians ; as anciently amon? the Romans those were called PAGANI u'ho were not soldiers, Juvenal, xvi. 32. Suet. Gall}. 19. Plin. Ep. vii. 25. -Thus, Pagani et Mon- taniy are called Plebes Urbana by Cicero, because they were ranked among the city tribes, although they lived in tlie villages and mountains, pro Dov.o^ 28. Each g€?is had certain sacred rites peculiar to itself, {geri' t.iUtia, Liv. v. 52.) which they did not intermit even in the heat of a war, Liv. v. 46. Every father of a family had liis own household gods, whom he worshipped privately at home. Those who came from the free towns, and settled at Rome, retained their municipal sacred rites ; and the co- lonies retained the sacred rites of the Roman people. No new or foreign gods could be adopted by the Ro- nians, unless by public authority. Thus iEsculapius was publicly sent for from Epidaurus, and Cybele from Phry- gia, Liv. xxix. 1 1. & 12. Hence if any one had introduced foreign rites of himself, they were publicly condemned by the senate, Liv. iv. 30. xxv. 1. xxxix. 16. But under the emperors all the superstition of foreign nations flocked to Rome ; as the sacred rites of Isis, Serapis, and Anubis from Egypt, Sic. These were the private and public rights of Roman citi- zens. It was a maxim among the Romans, that no one could be a citizen of Rome, who suflTered himself to be made a citizen of any other city, Cic. pro C(scin. ^6. Nepos in vita Attici, 3. which was not the case in Greece, Cic. pro Arch. 5. And no one could lose the freedom of the city a^ gainst his will, Cic pro Dom. 29. & 30. pro C^cin. 33. If the rights of a citizen were taken from any one, either by way of punishment, or for any other cause, some fiction always took place. Thus when citizens were banished, they did not expel them by force, but their goods were coniiscat- «sd, and themselves were forbidden the use of fire and water, iiis igne et aqua interdictum est), which obliged them to re- pair to some foreign place. Augustus added to this form of banishTuent what was called DEPORT ATIO, whereby th€ cond-s-'nuied being deprived of their rights and fortunes. 72 ROMAN ANTIQUITIES. were conveyed to a certain place, without leaving it to theif own choice to go where they pleased. When any one was sent away to any place without being deprived of his rights and fortunes, it was called RELEGA- TIO. Thus Ovid, Tnst. ii. 137. v. 11. 21. So captives in war did not properly lose the rights of ci- tizens. Those rights were only suspended, and might be recovered, as it was called, jure postliminii., by the right of restoration or return, Cic. Top. 8. de Orat. i. 40. In like manner, if any foreigner, who had acquired the freedom of Rome, returned to his native city, and again be- came a citizen of it, he ceased to be a Roman citizen. Cic. pro Balb. 12. This was cdlled postliminium ^ with re- gard to his own country, and rejectio civitatis with regard to Rome. Any loss of liberty, or of the rights of citizens, was call- ed DIMINUTIO CAPITIS, Cic, pro Mil. 36. jus liberta- tis imrninutum^ Sallust. Cat. 37. Hence Capitis minor sc. ratione vel respectu, or capite diminutus, lessened in his state, or degraded from the rank of a citizen, Horat. Od. iii, 5. 42. The loss of liberty, w hich included the loss of the eity, and of one's family, was called diminutio capitis maxi- ma ; banishment, diminutio media ; any change of family, minima. Digest, ii. de capite minutis. JUS LATIL THE JUS LATH or LATINITAS, Suet. Aug. 47. Cic. Att. xiv. 12. was next to the^/wj civitatis. Latium anciently {.Latium Vetus) was bounded by the rivers Tiber, Anio, Ufens, and the Tuscan sea. It contain- ed the Albans, Rutuli, and IE,qm. It was afterwards ex- tended {Latium N'ovum)\.o the river Liris, and comprehend- ed the Osci, Ausones, and V'olsci, Pluu lii. 9. The inhabi- tants of Latium were called Latini Soon, nomen La- TiNUM, ET socii Latini nominis, &c. Socii ct Latinum nomen, mean the Italians and Latins. The JUS LATH was inferior to the jus civitatis, and superior to th.^ jus Italicum. But the precise difference is not ascertained. The Latins used their own laws, and were not subject to the edicts of the Roman praetor. They were permitted to JUS LATH. 7ri adopt some of the Roman laws, if they chose it, atid then they were called POPULI FUNDI, Cic. pro Balh. 8. If any state did not chuse it, it was saitl e i l e c i , wdeea lege puNDus FIERI NOLLE,!, e. auctov^ subscHp tor esse, v. earn probare tt r cap ere, lb. 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 used to cast lots to know in what tribe they should vote, ibid, and when the consuls chose, they ordered them by a decree of the senate to leave the city, Cic. Brut. 26. which however rarely happened, Cic. pro Sextio, 15. Such Latins as had borne a civil office in their own state, became citizens of Rome, Appian, de Bell. Civ. ii. 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 of enjoying honours was gr inted to those who had continued iliithful to Rome in the Social war, A. U. 663 ; which the Latins had done. The distinction, however, between the jusLatii and thtjus civitatis, and the same mode of acquir- ing the full riglit of citizenship, (per Latium in civitatem ve- niendi,) was still retained, Flin. Paneg. 37. &: 39. Strab. iv, p. 186. f. The Latins at first were not allowed the use of arms for their own defence, without the order of the people, Liv. ii<, 30. iii. 19. but afterwards they served as allies in the Ro- man army, and indeed constituted the principal part of its strength. They sometimes furnished two thirds of the cavalry, and also of the infantry, Liv. iii. 22. xxi. 17. eC alibi passim. But they were not embodied in the legions, and were treated with more severity than Roman citizens, being punished with stripes, from which citizens were ex- empted by the Portian law, Sallust. Jug. 69. The Latins had certain sacred rites in common with Ro- man citizens ; as the sacred rites of Diana at Rome, (institu- ted by Servius TuUius, Liv. i, 45. in imitation of the Amp hicty ones at Delphi, and of the Grecian states in Asia in the temple of Diana at Ephesus, Dionys. iv. 26.) and the Latin holy days kept with great solemnity on the Aiban M U KOMAN ANTIQUITIES. mountain ; first for one clay, the 27th April, and afterwards for several days. The Romans always presided at the sa- (Orifices, Xfr. xxi. c. zdt. xx. l.Dionys. iv. 49. Besides these, the Latins had certain sacred rites, and deities peculiar to themselves, wliich they worshipped ; as Feronia at Terra- cina, Jupiter at Lanuvium, Liv. xxxii. 9. They had also solemn assemblies in the grove of Feren- tiaa, Liv. i. 50. which appear in ancient times to have been employed for political as well as religious purposes. From this convention all those were excluded who did not en- ioy Xhtjus Lata, JUS ITALICUM, A LL tlie country between the Tuscan and Adriatic seas, ■^^ to the rivers Rubicon and Macra, except Latium, was called Italy. The states of Italy being subdued by the Ro- mans in different wars, were received into alliance on diffe- rent conditions. In many respects they were in the same state with the Latins. They enjoyed their own laws and magis» trates, and were not subject to the Roman Praetor. They were taxed icensi) in their own cities, and furnished a certain nuTnber of soldiers according to treaty. But they had no ac- cess to the freedom of Rome, and no participation of sa- cred rite.^. After the second Punic war, several of the Italian states, ibr having revolted to Hannibal, were reduced to a harder condition by the Dictator Sulpicius Galba, A. U. 550 ; es- pecially the Bruttii, Picentiniy and Lucani, who were no long- er treated as allies, and did not furnish soldiers but public slaves, A. Gall. x. 3. Capua, which a little before had been taken, lost its pubhc buildings and territory, Liv. xxvi. 16, But after a long and violent struggle in the Social, or Marsic war, all the Italians obtained the right of voting and of en- joying honours by the Julian, and other laws. Sylia abridg- ed these privileges to those who had favoured the opposite party: but this was of short continuance, Cic. pro Domo^ 30. Augustus made various changes. He ordered the votes of the Italians to be taken at home, and sent to Rome at the day of the comitia. Suet. Aug. 46. He also granted them an exemption from furnishing soldiers, Herodian. lu IL Provinces. 7b The distinction ofthejw? Litii and ftalicum, however^ still continued. And these ricrhts were (panted to various ci- ties and states out of Italy, P/in. in. 3. 4. In consequence of which, farms in those phices were said to he IN SOLO, ITALICO, as well as those in Italy, aiid were called PR^^- DIA CENSUI CENSENDO, (rjnorlin censum referri po- terant, utpote res mancipi, quiv. xxxix. 55. Hence their rights 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 censor's books at Rome, Id. xxix. 37. But most are of opinion, that the colonies had not the right of voting, nor of bearing offices at Rome, from Dio. xliii. 39. & 50. The rights of Latin colonies were more limited ; so that Roman citizens who gave their names to a Latin colony, suft'ered a diminution of rank, Cic. pro Cacln. 33. pro Domo, 30. The Italian colo- nies were in a still worse condition. The diiference consist- ed chiefly in their different immunity from taxes. Sylla, to reward his veterans, first introduced the custom of settling MILITARY COLONIES, which was imitated by Julius Ceesar, Augustus, and others. To those colonies whole legions were sent with their ofiicers, their tribunes, and centurions; but this custom afterwards fell into disuse, Tacit. Annal. xiv. 72. For the sake of distinction the other colonies were called CIVILES, PLEBEIiE, or TOGA- TiE, because they consisted of citizens, or, as they were af- terwards named, PAGANI or Privati, who were opposed to soldiers. See p. 7L The colonies differed from the free towns in this, that they used the laws prescribed them by the Romans, but they had almost the same kind of magistrates. Their two chief magis- trates were called DUUMVIRI, and their senators DE- CURIONES : because, as some say, when the eolony was 30 ROMAN ANTIQUITIES, first planted, every tenth man was made a senator. The fortune requisite to be chosen a Decurio^ under the empe= rors, was a hundred thousand sestertu, Plin. Ep. i. 19. The senate, or general council of Grecian cities, under the Roman empire, was called BULE, (/Bovajj, concilium,) Plin, Ep. X. 85. its members, BULEUTiE, ib. 115. the place where it met at Syracuse, Buleuterium, Cic. Verr. ii. 21. an assembly of the people, ECCLESIA, Plin. Ep. x. 3. In some cities, those who were chosen into the Senate by their censors, paid a certain smn for their admission, {honorarium decurionatus), ib. 114. and that even although chosen contra- ry to their own inclinations, ibid. In Bithynia, they were subjected to regulations with respect to the choice of sena- tors, similar to those at Rome, ib. 83. 115. An act passed by the senate or people, was called Psephisma, Id. x. 52, S3. It was there customary, upon a person's taking the man- ly robe, solemnizing his marriage, entering upon the office of a magistrate, or dedicating any public work, to invite the whole senate, together with a considerable part of the com- monalty, to the number of a thousand or more, and to dis- tribute to each of the company a dole isportula) of one or two denarii. This, as having the appearance of an ambitious largess idiamone) was disapproved of by Trajan, Plin. Ep, X. 117, 118. Each colony had commonly a patron, who took care of its interests at Rome, Dionys. ii. 11. PRiEFECTURiE were towns to which pr^efects were annually sent from Rometo administer justice chosen partly by the people, and partly by the prietor, Festus. Towns were reduced to tliis form, which had been ungrateful to the Romans; as Calatia, Liv. i. 38. Dionys. iii. 50. Capua, Liv. xxvi. 16. and others. They neither enjoyed the rights of free towns nor of colonies, and differed little from tlie form of provinces. Their private right depended on the edicts of their prsefects, and their pulilic right on the Roman senate, who imposed on them taxes and service in war at pleasure. Some Prcsfecturce however possessed greater privileges thart others. Places in the country or towns where markets were held, and justice administered, were called FORA ; as Forum FonElcKkRS. 81 AuRKLiujf, Cic. Cat. i. 9. Forum Appii. Cic.Att, ii. 10. Forum Curneln, Julii, Lwii, &:c. Places where asseml^lies were held, and justice adminis- rercd, were called CONCILIABULA, Liv. xl. 37. All other cities which were neither Municipia, Coloni^^ nor Prcefecturte, were called Confederate States^ (CIVL- TATES FGiOKRAT/E). These were quite free, unless that they owed the Romnns certain things according to trea- ty. Such was Capua before it revolted to Hannibal. Such were also Tarentum, Naples, Tibur, and Praenestc. FOREIGNERS. 4 LL those who were not citizens, were called by the an- ■^-^ cient Romans foreigners, (PEREGRINI,) wherever they lived, whether in the city or elsewhere. But after Cara- calla granted the freedom of the city to all freeborn men in the Roman world, and Justinian some time after granted it also to freedmen, the name of foreigners fell into disuse; and the inhabitants of the v/hole world were divided into Ro- mans and Barbarians. The whole Roman Empire itself was called ROMANIA, xvhich name is still given to Thrace, as being the last province which was retained by the Romans, almost until the taking of Constantinople by the Turks, A. D. 1453. While Rome was Iree, tlie condition of foreigners was very disagreeable. They might indeed live in the city, but they enjoyed none of the privileges of citizens. They were also subject to a particular jurisdiction, and sometimes were expelled from the city at the pleasure of the magistrates. Thus M. Junius Pennus, A. U. 627. and C. Papius Celsus, A. U. 688, both tribunes of the people, passed a law order- ing foreigners to leave the city, Cic. Off. iii. 11. JBrut. 8. So Augustus, Suet. Aug. 42. But afterwards an immense num- ber of foreigners flocked to Rome from all parts, Juv. iii. 58, Seneca ad Helv. c. 8. So that the greatest part of the com- mon people consisted of them ; hence Rome is said to be mundifcsce repleta^ Lucan. vii. 405. Foreigners were neither permitted to use the Roman dress. Suet. Claud. 25. nor had they the right of legal property, or oPmakin:? a will. When a foreigntv died, his goods were m ROMAN ANTIQUITIES. cither reduced into the treasury, as having no heir, (.quasi bona V A c N A T I A ,) or if he had attached himself ise appUcu- isset) to any person, as a patron, that person succeeded to his effects, JURE AFPLICATIONIS, as it was called, Cic, de Or at. i. 39. But in process of time these inconveniences were remov- ed : and foreigners were not only advanced to the highest honours in the state, but some of them even made emperors. THE ASSEMBLIES OF THE PEOPLE. A N assembly of the whole Roman people to give their -^^ vote about any thing, was called COMITI A, (a coeitn- (^ovel comeimdo). When apartofthepeopleonly was assemb- led it was called CONCILIUM, A, GelL xv. 27. But these "ivords were not always distinguished, Liv. vi. 20. In the Comitia, every thing which came under the power of the people was transacted ; magistrates were elected, and laws passed, particularly concerning the declaration of war, and the makin^g of peace. Persons guilty of certain crimes were also tried in the Comitiuy Polyb. vi. 12. The Comitia were always summoned by some magis^ trate, who presided in them, and directed every thing which came before them ; and he was then said, habere comi- tia. When he laid any thing before the people, he was said AGERE CUM POPULO, GelL xiii. 14. As the votes of all the people could not be taken together, they were divid- ed into parts. There were three kinds of Comitia ; the Ciiriata, institut- ed by Romulus ; the Centuriata, instituted by Servius Tul- lius the sixth king of Rome ; and the Tributa, said to have been first introduced by the tribunes of the people at the ^ial of Coriolanus, A. U. 263. The Comitia Curiata and Centuriata could not be held without taking the auspices, {nisi auspicate^) nor without the authority of the senate ; but the Tributa might, Dionys. ix. 41. & 49, The days on which the Comitia could be held, were call- ed DIES COMITIALES, (i. e. quibus cum populo ager- iicebat), Liy. iii. ii. Cic. Q. Fr. i. 2. ^lacrob. Sat. i. l&. The CoMiTiA Cur I AT A. 83 As in the sen-jte, so in the Comitia, nothing coiiM be done h "rore the rising nor after the setting of ^he siin, Dio, xxxix. fin. The Comitia fir creating magistrates were usually held in the CarJipwi .Murtius ; but for making laws, and iur holding- trials, sometimes also in die forum, and sometimes in the cupitol. The COMITIA CURIATA. TTN the Comitia Curiata the people gave their votes, divided -■- into thirty curia; ; (ita dictiC quod its I'enim puhlicarum cura oommissa sit^ Fest. vel potius a xty^]5. Dio. xxxvii* 51. 4. Testaments were anciendy made at these Comitia. And because in time of peace they were summoned, {cala- ta, I. e. convocata), by a lictor twice a-year for this purpose ; hence they were also called COMITIA CALATA, which name is likev/ise sometimes applied to the Comitia Ceuturi- ata, because they were assembled by a Cornicen, who also was called Classicus, (quod classes comitiis ad camitatum vocabat), A. Gell. xv. 27. Varro de Lat. Ling. iv. 16. 5. What was called DETEST ATIO SACRORUM, was also made here ; as when it was denounced to an heir 0r legatee that he must adopt the sacred rit.s which follow- ^d the inheritance, Cw de Legg, ii, 9. Whence an inhere Tlie CoMiTiA Centuriata, &c. 85 tance without this requisite is called loy Plautus hccreihtas sine sacris, Captiv. iv. 1. {cum aliqindobvenerit sine aliqua incommoda appendice, Festus). The COMITIA CENTURIATA andthe CENSUS. THE principal Comitia were the Centuriata, called also viajora^ Cic. post red. in Senat. 2. in which the people, divided into tlie centuries of their classes, gave their votes ; and what a majority of centuries decreed, {quod p lures centu- ri(e jussissent)^ was considered as finally determined, {pro rato hahebatur'). These Comitia were held according to the Census instituted by Servius Tullius. The CENSUS was a numbering of the people with a valuation of their fortunes, i^stimatio, u7riTtft>i«>,) because they were ranked among the fericc or holy days on which no business could be done with the people, Macrob. i. 16. (ne plebs rustica avocaretur, lest they should be called off from their ordinary business of buying and selling,) Plin. xviii. 3. This however was not always observed, Cic. Att. i. 14. But the comitia for creating magistrates were sometimes summoned against the first lawful day, {in primum comitia^ km diem,) Liv. xxiv. 7. All those might be present at the Comitia Centuriata who had the full right of Roman citizens, whether tliey lived at Rome or in the country. 3. Candidates. Those who sought preferments were called CANDIDA- TI, from a white robe {a toga Candida) worn by them, ^vhich was rendered shining {candens vel Candida) by the art of the fuller ; for all the wealthy Romans wore a gown naturally white, {toga alba). This, hovv^ever, was anciently forbidden by law, {ne cui album., i. e. cretani, in vcstimen- Him addere, petitionis causa liceret), Liv. iv. 25. The candidates did net wear tunics or waistcoats, either that they might appear more humble, or might more easily shew the scars they had received on the fore part of their bo- dy, (adverso corpore,) Plutarch, in Coriolano. In the latter ages of the republic, no one could stand can- didate who was not present, and didnotdeclare himself with- in die legal days, that is, before the comitia were summon, ed, Saif. Cat. 18. Cic. Fam. xvi. 12. and whose name was not received by the magistrates ; for they might refuse to ad- n ROMAN ANTIQUITIES= mit any one they pleased, Owmen accipere, vel rationem e jus habere) but not without assigning a just cause, Z-iv. viii, 15. xxiv. 7. & 8. Fal. Max iii. 8. 3. Fell. u. 92. The op- position of the consuls, however, might be over-ruled by the Senate, Liv. iii. 21. For a long time before the time of election, the candidates endeavoured to gain the favour of the people by every popu- lar art, Cic. Attic, i. 1. by going round their houses, (ambien. do} by shaking hands with those they met, (prensando^ by addressing them in a kindly manner, and naming them, Sec, on which account they commonly had along with them a monitor, or NQMENCLATOR, who whispered in their ears every body's name, Horat. Ep. i. 6. 50, &c. Hence Cicero calls candidates natio offlciosissima^ in Pis, 23. On the market-days they used anciently to come into the as- sembly of the people, and take their station on a rising ground, {in colle consistere^) whence they might be seen by all, Macrob. Sat. i. 16. When they went down to the Cam- pui- Martins at certain times, they v/ere attended by their friends and dependents, who were called DEDUCTORES, Cic. de pet. cons. 9. They had likewise persons to divide money among the people, (DIVISORES, Cic. Att. i. 17. Suet. Aug. 3.) For this, although forbidden by law, was of- ten done openly, and once against Caesar, even with the ap- probation of Cato, Suet. Jul. 19. There were also persons to bargain with the people for their votes, called INTERPRE- TES, and others in whose hands the money promised was deposited, called SEQUESTRES, Cic. Att. m Verr. i. 8. & 12. Sometimes the candidates formed combinations Uoitiones) to disappoint {ut dejicerent) the other compcti= tors, Cic. Att. ii. 18. Liv. iii. 35. Those who opposed any candidate, were said ei refragari, and those who favoured him, suffragarivtl suffragatores (?we .* hence 5?^a^aifzo, their interest, Liv. x. 13. Those who got one to be elected, were said, ei prcvturam gratia cam- pestri capere, Liv. vii. 1. or eum tra/iere ; thus, Pervicit AppiuSy ut dejecto Fabio.fratrem traheret^ Liv. xxxix. 32. Those who hindered one from being elected, were said, a consulatu repeliere, Cic. in Cat. i. 10. The CoMiTiA Centuriata, &c. 93 4. The Manner of proposing a Law^ and of naming a day for one^s J rial. When a law was to be passed at the Comitia Centuriata^ the magistrate wlio \\'as to propose it, {latunis v. rogatu. rus,) having consulted with his friends and other prudent men, "/hetlur it was for the advantage of the republic, and agreeable to the customs of their ancestors, wrote it over at home ; and then having communicated it to the senate, by their authority, (ex SCTO,) he promulgated it, that is, he pasted it up in public {.tmblice v. in publico proponebat ; promulgabat^ quasi, provulgabat^ Festus,) for three market- days, that so the people might have an opportunity of read- ing and considering it. In the mean time he himself, {legis- lator vcl inventor legis, Li v. ii. 56.) and some eloquent friend, who was called AUCTOR legis, or SUASOR, every fnarket-d;\y, read it over, {recitabat^) and recommend- ed it to the people isuodebnt), while others who disapproved it, spoke against it {dissuadehant). But in ancient times all these formjilities were not observed ; thus we find a law pass- ed the day after it was proposed, Liv. iv. 24. Sometimes the person who proposed the law, if he did it by the authority of tlie senate, and not according to his own opinion, spoke against it, Cic. Att. i. 14. In the same manner, when one was to be tried for treason, icum dies perduellionis dicta est, cum actio perduellionis in- tendebatur, Cic. vel cum. aliquis capitis v. -te anquireretM\ Liv.) it behoved the accusation to be published for the same space of XimQ, (promulgatur rogatio de meapernicie, Cic. pro Sext. 20.) and the day fixed when the trial was to be, {pro^ dita die, qua judicium futurum sit, Cic.) In the mean time the person accused (REUS), changed his dress ; laid aside every kind of ornament ; let his hair and beard grow, C/>ro- mittebat) ; and in this mean garb (sordidatus), went round, and solicited the favour of the people, {homines prensabat). His nearest relations and friends also did the same, Liv. pas- sim. This kind of trial was generally capital, Liv. vi. 20. but not always so, /(/. xliii. 16. Cic. pro Dom, 32. See Jj€X Porcia, 94 ROMAN ANTIQUITIES. 5. The Manner of taking the Auspices, On the d?iy of the comitia, he who was to preside at them, (qui lis prafuturus erat^ attended by one of the a\igurs, {au- gure adhibito), pitched a tent {tabernacuhim cepit), without the city to observe the omens, {ad auspicia captanda, vel ad ausnicandum). These Cicero calls AUGUSTA CENTU- RIARUM AUSPICIA, pm Mil. 16. Hence the Campus Martius is said to be consularibus uuspiciis consecratus^ Cic. in Cat. iv. 1. and the comitia themselves were called, AUS- PICATA, Lw. xxvi. 2. If the TABERNACULUM, which perhaps was the same with templum or crx, the place which they chose to make their observations, {ad inaiigtirandwn, Liv. i. 6, s. 7. & 18.) had not been taken in due form, {parian recte captum esset), whatever was done at the comitia was reckoned of no effect, (pro irnto habebatur)^ Liv. iv. 7. Hence the usual de- claration of the augurs, {augurum solennis pronunciatio) ; VlTIO TABERNACULUM CAPTUM; VITIO MAGISTRA- TUS CREATOS VEL VITIOSOS ; VITIO LEGEM; LATAM ; VITIO DIEM DicTAM, Cic.i^ Liv.passim. And so scrupu- lous were the ancient Romans about this matter, that if the augurs at any time afterwards, upon recollection, declared that there had been any informality in taking the auspices, ivitium obvenisse, Cic. in auspicio vitium fuisse ^ Liv.) the magistrates were obliged to resign their office, {utpote vitiosi V. vitio creati, as having been irregularly chosen,) even seve- ral months after they had entered upon it, Liv. ibid. Cic. de JVat. Dear. ii. 4. When there was nothing wrong in the auspices, the magis- trates were said to be sal vis auspiciis crcati, Cic. Phil. il. aj. When the consul asked the augur to attend him, (in aus- picium adh?bebat), he said, Q. Fabi, te miki in auspi- cio ESSE voLo. The augur replied, Audivi, Cie» de Divin. ii. 34. There were two kinds of auspices which pertained to the Comitia Centunata. The one was, observing the appear- ances of the heavens, iservare de coelo vel cGelum')^ as, light- ning, thunder, &c. which was chiefly attended to. The other 7%^ CoMiTiA Centuriata, &c. 95 was the inspection of birds. Those bircfs which j;ave omens by flight, were called PR.i::PETES : by sieging, OSCI- NhS : hence the phrase, si avis occinuent, Liv. vi. 41. x. 40. When the omens were favourable, the birJs were s;.;id, ADDicERE vel APMiTTERE ; whcn Unfavourable, A B Di- CEUE, XON ADDICERE, VCl REFRAGARI. Oniens were also taken from the feedi'^g of chickens. The person who kept them was called PULLARiUS. If they c^me too slowly out of the cage, (ex cavea), or would not fe^d, it was a bad omen, Liv. vi. 41. but if they fed greedily so that something fell from their mouth and struck the ground, (terrain paviret, i. e.Jerij'et), it was hence called TRIPUDIUM SOLISTIMUM, {quasi terripavium vel ternpudium, Cic. div. ii. 34. Festus in PULS.) Liv. x. 40. Plin. X. 21. s. 24. and was reckoned an excellent omen, {auspicium egregiiim vel optimum), ibid. When the augur declared that the auspices were unexcep- tionable, {omni vitio carere)^ that is, that there was nothing to hinder the comitia from being held, he said, Silentium ESSE videtur, Cic. de Div. ii. 34. but if not, he said A- LIO DIE, Cic. de Legg. ii. 12. on which account the co- mitia could not be held that day. Thus, Papirio legem fe- renti triste omen diem diffidit, i. e. Rem in diem poste?'um rejicere coegitj Liv. ix. 38. This declaration of the augur was called NUNTIATIO, or obnuntiatio. Hence Cicero says of the augurs, Nos nun- TIATIONEM SOLUM HABEMUS ; AT CoNSULES ET RE- Liq^UI MAGISTRATUS ETIAM SPECTIONEM, V. inspecti- onem, Phil. ii. 52. but the contrary seems to be asserted by 'Festus ; (i?i voce SPECTIO}, and commentators are not agreed how they should be reconciled. It is supposed there should be a diflferent reading in both passages, Fid. Abram.. in Cic 8? Scakger. in Fest. Any other magistrate, of equal or greater authority than he who presided, might likewise take the auspices ; espe- cially if he wished to hinder an election, or prevent 'a law from being passed. If such magistrate therefore declared, Se de coelo SERVAssE,thathehadheardthunder, orseen lightning, he was said OBNUNTIARE, {augur auguri, consul considi obnuntiuvisti. Cic.) which he did by sayinip, 96 ROMAN ANTIQUITIES. ALIO DIE ; whereupon by the Lex Mlia et Fusia, the m mitia were broken off, idirimehantur)^ and deftrred to ano^ ther day. Hence obmintiare concilio aut comitiis, to prevent, to adjourn ; and this happened, even if he said that he had seen what he did not see, isi aiispkia ementitus esset)^ be- cause he was thought to have bound the people by a reli- gious obligation, v/hich must be expiated by their calamity or his own, Cic. PhiL ii. 33. Hence in the edict whereby the comitia were summoned, this formula was commonly used, Ne qjJis minor magistratus de coelo ser- VASSE velit: which prohibition Clodius, in his law a- gainst Cicero, extended to all the magistrates, Dio. xxxviiii 13. The comitia were also stopped, if any person,, while they were holding, was seized with the falling sickness or epilep- sy, which was hence called MORBUS COMITIALIS ; or if a tribune of the commons interceded by the solemn word, VETO, JLiv. vi. 35. or any magistrate of equal au- thority with him who presided, interposed, by wasting the day in speaking, or by appointing holy days, Sec. dead Fratr, ii. 6. and also if the standard was pulled down from the Janiculum, as in the trial of Rabirius, by Metellus the prsetor, Dio. lib. xxxvii, 27. The comitia were also broken off by a tempest arising ; but so, that the election of those magistrates who were^al- ready created, was not rendered invalid, (.ut jam creati nan vitiosi redclerenturj, Liv. xl. 59. Cic. de Divin. ii. 18. un- less when the comitia were for creating censors. 6. The Marnier of holding the Comitia Cek'turiata,% When there was no obstruction to the comitia, on the day appointed, the people met in the Campus Marti us. The magistrate who was to preside, sitting in his curule chair on a tribunal, (pro tribunali), Liv.xxxix.32. used to utter a set form ofpraj'er before he addressed the people, Liv. xxxix. 15. the augur repeating over the words before him, {augnre verba prdseunte, Cic.) Then he made a speech to the peo- ple about what was to be done at the comitia. If magistrates were to be chosen, the names of the can- didates were read over. But anciently the people might 7)^e CoMiTiA Centurxata, &c. 97 -chuse whom they pleased, whether present or absent, al- though they had not declared themselves candidates, Liv. passim. If a law was to be passed, it was recited by a herald, while a secretary dictated it to liim, {subjiciente scriba), and diffiprent persons were allowed to speak for and against it, Liv. xl. 21. A similar form was observed at trials, be- cause application was made to the people about the punish- ment of any one, in the same manner as about a law. Hence irrogarepifnam^ vel mulctam, to inSict or impose. The usual beginning of all applications to the people, {om- Tiium rogationem), was, VELITIS, JUBEATIS, QUIRI- TES, and thus the people were said to be consulted, or, asked, {considi vel rogari), and the consuls io consult or ask them, Cic. ^ Liv. passim. Hence jubere legem vel rogatio- Tiem^ iUso DECERNEREjto pass it ; Sail. Jug. 40. vttare^ to reject it ; rogare magistratus, to create or elect, Sail. Jug. 29. Rogare quasitores^ to appoint judges or inquisitors, ib. 40. Sojussa et vetita populi in jubendis v. sciscendis le- gibus, Cic. de Legg. ii. 4. Qidbus. sc. Silanoet Mur£ena3, consulatus^ me rogante^ i. e. pr^esidente, datus est, Id. pro Mur. 1. Then the magistrate said, Sivobisvidetur, DISCEDITE, q^UIRITES ; Or, It E IN SUPFRAGIUM, BENE 3UVANTIBUsDlIS,ET, qjJJE PATRESCENSUERUNT,VOS jUBETE, Liv. xxxi. 7. Whereupon the people who, as u- sual, stood promiscuously, separated every one to his own tribe and century, Ascon. in Cic. pro Corn. Balbo. Hence the magistrate was said mittere populum in suffragium ; and the people, inire vel ire in suffragium, Cic. & Liv. passim. Anciently the centuries were called to give their votes ac- cording to the institution of Servius Tullius ; first the E^ quites, and then the centuries ofthe first class, S^cc.but after- wards it was determined by lot {SOKT YTlOJiebat^ in what order they should vote. When this was first done is uncer. tain. The names of the centuries were throvvn into a box. (.in sitellam ; sitella defertur, Cic. JV. D. i. 38. Sitella al- luta est, ut sortirentur, Liv. xxv. 3.) and then the box be- ing shaken, so that the lots might lie equally, isorfibu.v&c. 101 64. Thus all the centuries were called one afteranother, till a majority of centuries agreed in the same opinion -/^d what they judged was held to be ratified. *V The Diribitoresy Rogatores, and Custodes, werecomm6ii. ly persons of the first rank, and friends to the candidates, or\ favourers of the law to be passed, who undertook these offi €es voluntarily, C?V. in Pis. 15. post. red. in Sen, 11. Augus- tus is supposed to have selected 900 of the equestrian order to be Custodes or Rogatores^ {ad custodiendas cistas sujfra- Riorum), Plin. xxxiii. 2. s. 7. If the points of any century were equal, its vote was not declared, but was reckoned as nothing, except in trials, where the century which had not condemned, was suppos- ed to have acquitted. The candidate who had most votes, was immediately call- ed by the magistrate who presided ; and after a solemn pray- er, and taking an oath, was declared to be elected (reminci- atus est), by a herald, Cic. pro leg. Manil. 1. pro Mitnen, 1. in Rull. ii. 2. Veil. ii. 92. Then he was conducted home by his friends and dependants with great pomp. It was esteemed very honourable to be named first, Cic. pro leg. Manil. 1. Those who w^ere elected consuls, usually crowned the images of their ancestors with laurel, Cic. Miir. 41. When one gained the vote of a century, he was said/^r/v? centuriam^ and nonferre vel perdere^ to lose it ; soferre re ■ pulsa?n, to be rejected ; but ferre suffragium vel tabella?::, to vote ; thus, Meis comitiis non tabellam vindicem tacit re libertatis sed vocem vivam tidistis^ Cic. in Hull. ii. 2. The magistrates created at the Comitia Centuriata, were said7?(?r?, creari, declara?% nominari, did, renunciari, de- signari, rogari, &c. In creating magistrates this addition used to be made, to denote the fulness of their right : U t qui optima lege iUERiNT; OPTIMO Jure ; eo Jure, quo qui optimo, Festus'in Optima lex. Cic. in Rull. i. 11. Phil. xi. 12. Jjiv. ix. 34. When a law was passed , it was said perferri; the cen - turies which voted for it, were said Legem jubere, v. ro- '^ATiONEM AcciFEREj TAv. ii. 57. iii. 15. 63. ^alibipas i02 ROMAN ANTIQUITIES. sim ; those who voted agahist it, A n t i qu a r e , v E T a ft ff , ^I NGN ACCIPERE. J-^CX ROGATUR dumftrtUT; ABROGA- Tuvt-ydiim toUitur: derogatur legi^ v. de lege, cumptrno-> vam legem aliquid veteri legi detrakitur : subrogatur, cum aliquid adjicitur ; obrogatur, cum nova lege inJirmU' iur, Uipian & Festiis. l/bi dua contrarice leges sunt, sem^ per antiquam ahrogat riova, the new invalidates the old, Liv, ix. 34. Two clauses commonly used to be added to all laws : 1. Si quiD JUS non fuit rogari, ut ejus hac lege ni- hil EssET rogatum : 2. Si quiD contra alias le- ges EJUS LEGIS ergo latum ESSET, UT EI, (^UI EAM LEGEM ROGASSET, IMPUNE ESSET, Cic. Att, \\\. 23. which clause icapiit) Cicero calls TRiVNSLATlTIUM, in the law of Clodius against himself, because it was trans* f erred from ancient laws, ihid. This sanction used also to be annexed, Ne quis per s a* TURAM ABROGATo; 1. c. per legem in qua conjunctim fnul- tis de rebus una rogatione populus considebatur ^ Festus. Hence Exquirere sententias per saturam^ i. e. passim^ sine eerto ordzne, by the gross or lump, Sal. Jug. 29. In many laws this sanction was added. Qui aliter velsEcus fax- it V. fecerit, sacer esto ; i. e. ut caput ejus ^ cum bO' nis xtXfamilia^ alicui deorum consevraretur v. sacrum esset : that it might be lawful to kill the transgressor with impuni- ty, Liv. ii. 8. iii. 55. Cic. pro Balb. 14. When a law was passed, it was engraved on brass, and carried to the treasury. It used also to be fixed up in public, in a place where it might be easily read, (unde de plano^ i. c. from the ground, legi posset). Hence Li capitolio legum era liquefacta^ Cic. Cat. iii. 8. Nee verba minaciajixo sre legebantw\ Ovid. Met. i. 3. Fixit leges prctio atque rejix- ity made and unmade, Firg, jEn.y'u 622. Cic. Phil, xiii. 3. Fa7n. xii. 1. After the year of the city 598, when the consuls first began to enter on their office on the first day of January, the comitia .for their election were held about the end of July or the be- ginning of August, unless they were delayed by the inter- cession of the magistrates, or by inauspicious omens. In the time of the first Punic war, the consuls entered on their The CoMiTiA Tributa^ 103 office on the ides of March, and were created in Janunry cr February, Liv. passim. The przetors were always elected after the consuls, sometimes on the same day, Ltv. x. 22. or the day after, or at the distance of several days, Id. From the time of their election, till they entered on their office^ they were called DESIGNATI. The comitia for enacting laws or for trials, might be held on any legal day. COMITIA TRIBUTA. IN the Comitia Tributa the people voted divided into tribes, according to theu* regions or wards, («?x regionibus ft iocisJ, A. Gell. xv. 27. The name of tribes was derived either from their original number three, ia numero ternarioj, or from payirg tribute, {a tributo)^ Liv. i. 43. or, as others think, from t^/ttW, tertia pars tribus apud jithenienses, Police r^tTr'^o?; unde tribus. The first three tribes were called RAMNENSES or Ramnes, TATIENSES or Titienses, and LUCERES. The first tribe was named from Romulus, and included the Roman citizens who occupied the Palatine hill ; the second from Titus Tatius, and included the Sabincs who posses- sed the Capitoline hill ; and the third from one Lucwmo a Tuscan, or ratlier from the grove {a luco) which Romulus turned into a sanctuary, {asylum retulit, Firg. JEn. viii. 342.) and included all foreigners except the Sabines. Each of these tribes at first had its own tribune or commander, itribunus VQlprafectusJ, Dionys. iv. 14. and its own augur, Liv. X. 6. Tarquinius Priscus doubled the number of tribes, retain- ing the same names ; so that they were called Rarmienses primi and Ramnenses secundiy ov posterior es^ &c. But as the Luceres in a short time greatly exceeded the rest in number, Servius Tullius introduced a new arrange- ment, arid distributed the citizens into tribes, not according to their extraction, but from their local situation. He divided the citv into four regions, or wards, called PALATINA, SUBURRANA, COLLINA, and ES^ QUILINA, the inhabitants of which constituted as many tribes, and had their names from the wards which they in- i04 nOMAN ANTIQUITIES; habited. No one was permitted to remove from one ward to another, that the ti'ibes might not be confounded, Dionys. iv. 14. On which account certain persons were appointed to take an account where every one dwelt, also of their age, fortune, &c. These were called city tribes, (TRIBUS UR- BANiE), and their number always remained the same. Servius at the same time divided the Roman territory into fifteen parts, Tsome say sixteen, and some seventeen), which were called country tribes, (TRIBUS RUSTICiE), Dio- 7iyS' iv. 15. - In the year of the city 258, the number of tribes was made twenty-one, Viv. ii. 21. Here, for the first time, Livy directly takes notice of the number of tribes, although he al- ludes to the original institution of three tribes, x. 6. Diony- sius says, that Servius instituted 31 tribes, iv. 15. But in the ti'ial of Coriolanus, he only mentions 21 as having voted, vii. 64. the number of Livy, viii. 64. The number of tribes was afterwards increased on ac- count of the addition of new citizens at different times, Liv, vi. 5. vii. 15. viii. 17. ix. 20. x. 9. Epit. xix. to thirty-five, Liv. xxiii. 13. Ascon, in Cic. Ferr. i. 5. which number con» tinued to the end of the republic, Liv. i. 43. After the admission of the Italian states to the freedom of the city, eight or ten new tribes are said to have been added, but this was of short continuance ; for they v/ere all soon distributed among the thirty-five old tribes. For a considerable time, according to the institution of Servius Tullius, a tribe was nothing else but the inhabi- tants of a certain region or quarter in the city or country ; but afterwards this was altered ; and tribes came to be reck- oned parts not of the city or country, but of tlie state, inon iirbis sed civitatis). Then every one leaving the city tribes wished to be ranked among thejustic tribc^s. This was occasioned chiefly by the fondness of the ancient Ro- mans for a country life, and from the power of the censors, who could institute new tribes, and distribute the citizens, both old and new, into whatever tribes they pleased, without regard to the place of their habitation. But on this subject writers are not agreed. In the year 449, Q. Fabius separat. ed the meaner sort of people from all the tri]DL\s through J he L 0 31 i 1 1 A Tr I b u t a» 105 which they had been dispersed by App. Claudius, and in- cluded them in the four city tribes, Lw. ix. 46. Among these were ranked all those whose fortunes were below a cer- tain valuation, called rUOLETAKIl ; and those who had no fortune at all, CAPITK CENSi, GelL xvi. 10. From this time, and perhaps before, the four city tribes began to be esteemed less honourable than the thirty-one rustic tribes; and some of the latter seem to have been thought more hon- ourable than others, Cic.proBalboy 25. Plin. xvii. 3. Hence when the censors judged it proper to degrade a citizen, they removed him from a more honourable to a less honourable tribe, itribu movebant) ; and whoever convicted any one of bribery, upon trial, obtained by law as a reward, if he chose, the tribe of the person condemned, Cic. ibid. The rustic tribes had their names from some place ; as Tribus Aniensist Arniensis, Cluvia, Crustuminay Falerina^ Lemonia^ Mcecia^ Pomptina^ Quirina, Romilia^ Scaptia^ &c. or from some noble family ; as, Aimilia^ Claudia, Cluentiay Cornelia, Fabia, Horatia, Julia, Minucia, Papiria, Sergia, Terentina, Veturia, &c. Sometimes the name of one's tribe is added to the name of a person, as a sirname ; thus, L. Albius Sex F. Quirifia^ Cic. Quint. 6. M. Oppius, M. F, Terentina^ Cic. Fam. viii. 7. Att. iv. 16. The Comitia Tributa began first to be held two years after the creation of the tribunes of the people, A. U. 263, at the trial of Coriolanus, Dionys. vii. 59. But they were more frequently assembled after the year 282, when the Publi- lian law was passed, that the Plebeian magistrates should be created at the Comitia Tributa, Liv. ii. S^. The Comitia Tributa, were held to create magistrates, to elect certain priests, to make laws, and to hold trials. At the Comitia Tributa were created all the inferior ciiif magistrates, as the iEdiles, both curule and Plebeian, the tribunes of the commons, quasstors, &c. Ail the provincial magistrates, as the proconsuls, propraetors, &c. also com- missioners for setthng colonies, &:c. The Pontifex Maxi- mus, and after the year 650, the otlier pontijices augures, fe- males, &c. by the Domitian law, Suet. Ner. 2. For before that, the inferior priests were all chosen by tjieir respective Q 106 ROMAN ANTIQUITIES, colleges, (a coUegiis suis cooptabantur). But at the electibK of the pontifex maximus, and the other priests, what was singular, only seventeen tribes were chosen by lot to vote, and a majority of them, namely nine, determined the matter, Cic. RulL ii. 7. The laws passed at these comitia were called PLEBIS- CITA, {qua plebs suo auffragio sine patribus jussit^ plebeio magistratu rogante, Fesius,) wiiich at first only bound the Plebeians, but after the year 306, the whole Roman peo- ple, Liv- iii, 55. Plebiscita were made about various things ; as about making peace, Liv. xxxiii. 10. ; about granting the free- dom of the city ; about ordering a triumph when it was re- fused by the senate, Liv. iii. 63. about bestowing command on generals on the day of their triumph, JLiv. xxvi. 21. ; a- bout absolving from the laws, which in later times the sen- ate assumed as its prerogative, Ascon. in Cic. ad Cornel, &c. There were no capital trials at the Comitia Tributa^ these were held only at the Centuriata : but about impos- ing a fine, Liv, iv. 41. And if any one, accused of a capi- tal crime, did not appear on the day of trial, the Tributa Co- Ttiitia were sufficient to decree banishment against him, (z(/ eijustum exilium esse scivit plebs,) Liv. xxvi. 3. xxv.4. All those might vote at the Comitia Tributa, who had the full right of Roman citizens, whether they dwelt at Rome or not. For every one was ranked in some tribe, in which he had a right to vote, Xzi;. xlv. 15. Some had two tribes ; one in which they were born, and another, either by right of adoption, as Augustus had the Fabian and Scaptian tribes, Suet. Aug. 40. or as a reward for accusing one of bribery, {leges de ambitu pramio.) Cic. pro Balbo, 25. At the Comitia Tributa the votes of all the citizens were of equal force, and therefore the patricians hardly ever at- tended them. On which account, as some think, they are said to have been entirely excluded from them, Liv. ii. 56. & 60. But about this writers are not agreed. ^ The comitia for creating tribunes and plebeian sediles^ifllK! were held by one of the tribunes to whom that charge was given, either by lot or by the consent of his colleagues, I The CoMiTiA Tributa, lOj lAVn lii. 64. but for creating curule aediles and other inferior' magistrates, by the consul, dictator, or military tribunes ; for electing priests, by the consul only, Cic. ad Brut. 5. The Comitia Tributa for passing laws and for trials, were held by the consuls, prastors, or tribunes of the commons. When the consul was to hold them, he by his edict sum- moned the whole Roman people ; but the tribunes summon- ed only the plebeians, GeU. xv. 17. Hence they are some- times called comitia pouuii, and sometimes concilium pielm : In the one the phrase was populas jussit ; in the oihar plebs scivif. But this distinction is not always observed. The Comitia 7V?Z)w?flfor electing magistrates were usually held m the Campus Martius, Cic. Att. i. 1. iv. 3. Ep. Fam. vii. 30. but for passing laws and for trials, commonly in the forum ; sometimes in the capiiol, Liv. xxxiii. 10. and soincr times in the circus Flaminius^ Liv. xxvii. 21. anciently called prata Flarmma, or circus Appollinaris^ Id. iii. 6^. where also Q. Furius, the Pomifex Maximus, held the comitia for elect- ing the tribunes of the commons, after the expulsion of the Decemviri, Liv. iii. 54. In the forum there were separate places for each tribe marked out with ropes, Dionys^ vii, 59. In the Campus Martius, Cicero proposed building in Cae- sar's name, marble inclosures(j6'/J/'a marmorea), for holding the Comitia Tributa, Cic. Att. ivt 16. which work was prCr vented by various causes, and at last entirely dropped upon the breaking out of the civil wars ; but it was afterwards executed by Agrippa, Dio. liii. 23. Flm. xvi. 40. The same formalities almost were observed in summoning and holding the Comitia Tributa as in the other comitia^ only it was not requisite for them to have the authority of the senate, or that the auspices should be taken. But if there liad been thunder or lightning, {si tonuisset autfulgurasset,) they could not be held that day. For it was a constant rule from the beginning of the republic, Jove tulgente, cum popuLo AGi NEFAS ESSE, Cic, in Fatith 8. Comitiorum so<' lum vitmm estfiilmen^ Id. de Div. ii. 18. The Comitia Tributa for electing magistrates, after the year 598, were held about the end of July or the beginning cf August ; for electing priests, when there was a vacanc}^ . ,^nd for laws and trials, on all comitial days. i08 ROMAN ANTIQUITIES. Julius Csesar first abridged the liberty of the comitia. He shared the right of creating magistrates with the people ; sa that, except the competitors for the consulship, whose choice he solely determined himself, the people chose one half, and he nominated iedSat) the other. This he did by billets dis- persed through the several tribes to this effect, Caesar Dic- tator ILLI TRIBUI. CoMMENDO VOBIS ILLUM, ET IL- LUM, UT VESTRO SUFFRAGIO SUAM DIGNITATEM TE- NEANT, Stcet. des. 41. Augustus restored this manner of election after it had been dropped for some time during the civil wars, which follow- ed Cassar's death, Suet. Aug. 40. Bio. liii. 21. Tiberius deprived the people altogether of the right of election, Juvenal, x. 77. and assuming the nomination of the consuls to himself, Ovid. Pont. iv. 9. 67. he pretended to refer the choice of the other magistrates to the Senate, but in fact determined the whole according to his own pleasure. Tacit. A?i7i. i. 15. Dio. Cass. Iviii. 20. Caligula attempted to restore the right of voting to the people, but without any permanent effect. Suet. Calig, 16. The comitia, however, were still for form's sake retained. And the magistrates, whether nominated by the senate or the prince, appeared in the Campus Martius, attended by their friends and connec- tions, and were appointed to their office by the people with the usual solemnities, Plin. Paneg. 63. But the method of appointing magistrates under the Em- perors, seems to be involved in uncertainty, Suet, des^ 40. 76. 80. Aug. 40. B6. JVer. 43. Fit. 11. Fesp. 5. Dom. 10. Tac.Ann. 1. 15. Hist. i. 77, as indeed Tacitus himself acknow- ledges, particularly with respect to the consuls, Annal. i. 81. Sometimes, especially under good emperors, the same free- dom of canvassing was allowed, and the same arts practised to ensure success as under the republic, Plin. Ep. vi. 6. 9. viii. 23. Trajan restrained the infamous largesses of candi- dates by a law against bribery, {ambitus lege) ; and by ordaining, that no one should be admitted to sue for an office, who had not a third part of his fortune in land, which greatly raised the value of estates in Italy, Id. vi. 1 9. Wlien the right of creating magistrates was transferred to the senate, it at first jippointed tliem by open votes, {apertis suffragiis)^ but the Roman Magistrates, ^c. 109 noise and disorder, which this sometimes occasioned, made the senate, in the time of Trajan, adopt the method of ballot- ing, iad tocita sujfragia decurrere), Plin. Ep. iii. 20. which also was found to be attended with inconveniences, which Pliny says, the Emperor alone could remedy. Id. iv. 25. Augustus followed the mode of Julius C?esar at the Comitia^ Dio. liii. 21. although Maecenas, whose counsel he chiefly followed, advised him to take this power altogether from the people, Dio. Iii. 30. As often as he attended at the elec- tion of magistrates, he went round the tribes, with the candi- dates whom he recommended, {ctim siiis candidatis), and so- licited the votes of the people in the usual manner. He him- self gave his vote in his own tribe, as any other citizen, {ut unus e populo), Suet. Aug. 56. ROMAN MAGISTRATES. Different forms of Government^ and different 3Iagistrales at dffercnt times. ROME was at first governed by kings ; but Tarquin, the 7th king, being expelled for his tyranny, A. U. 244, the regal goverment was abolished, and two supreme magis- trates were annually created in place of a king, called CON- SULS. In dangerous conjunctures, a DICTATOR was created with absolute authority : and when there was a va- cancy of magistrates, an INTERREX was appointed to elect new ones. In the year of the city 301, Ltv. iii. 33. or according to others, 302, in place of consuls, ten men (DECEMVIRI) were chosen to draw up a body of laws, (ad leges sc?ibe?i- das). But their power lasted only two years ; and the con- sular government was again restored. As the consuls were at first chosen onlj?- from the patri- cians, and the plebeians wished to partake of that dignity ; after great contests it was at last determined, A. U. 310, that instead of consuls, six supreme magistrates should be annually created, three from the patricians, and three from the plebeians, who were called MILITARY TRIBUNES, iJribuni militum constdari potestate)^ Dionys. xi. 60. There were not, however, always six tribunes chosen ; sometimes 110 ROMAN ANTIQUITIES. only three, Liv. iv. 6. 16. 25. and 42. sometimes four, ib, 31. "^tS. & 44. and sometimes even eight. Id. v. 1. Nor was one half always chosen from the patricians and the other half from the plebeians. They were, on the contrary, usual- ly all patricians, Id. iv. 25. 44. 56, &c. seldom the contrary, Liv. V. 12, 13. 18. vi. 30. For upwards of seventy years, sometimes consuls were created, and sometimes military tribunes, as the influence of the patricians or plebeians was superior, or the public exigencies required ; till at last the plebeians prevailed, A. U. 387, that one of the consuls should be chosen from their order, and afterwards that both consuls might be plebeians ; which however was rarely <^he case, but the contrary. From this time the supreme pow- er remained in the hands of the consuls till the usurpation of Sylla, A. U. 672, who having vanquished the party of Ma- rius, assumed to himself absolute authority, under the title of Dictator .^ an office which had been disused above 120 years. But Sylla having voluntarily resigned his power in less than three years, the consular authority was again res- tored, and continued till Julius Caesar, having defeated Pom- pey at the battle of Pharsalia, and having subdued the rest of his opponents, in imitation of Sylla, caused himself to be created perpetual dictator, and oppressed the liberty of his country, A. U. 706. After this the consular authority was never again completely restored. It was indeed attempted, after the murder of Caesar in the senate-house on the ides of March, A. U. 710, by Brutus and Cassiusand the other conspirators ; but M. Antonius, who desired to rule in Caesar's room, prevented it. And Hirtius and Pansa, the consuls of the following year, being slain at Mutina, Octa- vius, who was afterwards called Augustus, with Antony, and Lepidus, shared between them the provinces of the re- public, and exercised absolute power under the title of TRIUMVIRI reipublic(S constituendce . The combination between Pompey, Caesar, and Crassus, commonly called \}^t first triumvirate^ which was fonned by the contrivance of Cresar, in the consulship of Metellus and Afranius, A. U. 693, Vdl Pat, ii. 44. Horat. Od. ii. 1. is justly reckoned the original cause of this revolution, and of all the calamities attending it. For the Romans by submits Roman Magistrates, ^c. 111 ting to their usurped authority, shewed tliat they were pre- pared for servitude. It is the spirit of a nation alone svhich €an preserve hberty. When tliat is sunk by general cor- ruption of morals, laws are but feeble restraints against the encroachments of power. Julius Ca-sar would never have attempted what he effected, if he had not perceived the cha- racter of the Roman people to be favourable to his designs. After the overthrow of Brutus and Cassius at the battle of Philippi, A. U. 712, Augustus on a slight pretext deprived Lepidus of his command, and having vanquished Antony in a sea-fight at Actium, became sole master of the Roman em- pire, A. U. 723, and ruled it for many years, under the title of PRINCE or EMPEROR, {Princeps, vel Imperator). The liberty of Rome was now entirely extinguished ; and although Augustus endeavoured to establish a civil monar- chy, the government perpetually tended to a military despo- tism, equally fatal to the characters and happiness of prince and people* In the beginning of the republic, the consuls seem to have been the only stated magistrates, Liv. iv. 4. ; but as they, being engaged almost in continual wars, could not properly attend to civil affairs, various other magistrates were ap- pointed at different times, praetors, censors, fediles, tribunes of the commons, &c. ib. Under the emperors various new magistrates were instituted. OF MAGISTRATES IN GENERAL. A Magistrate is a person invested with public authority. •^^ {Magistratus est, qui prcesit^ Cic. de Legg. iii. 1. Dici- tur magistratus a magistro. Magister autem est, qui pius aliis potest, Festus). The office of a magistrate in the Roman republic was dif- ferent from what it is among us. The Romans had not the same discrimination betwixt public employments that we have. The same person might regulate the police of the ci- ty, and direct the affairs of the empire, propose laws, and execute them, act as a judge or a priest, and command an army, Liv. x. 29. et alibi passim. The civil authority of a magistrate was called magistratus or potestas ; his judicative power jurisdictio', and his military command impermm. lU KOMAN ANTIQUITIES. Anciently all magistrates who had the command of an army were called PRi3i,TORES ; (velquod ccsteros pr^irent, vd quod aliis pr^sessent^ Ascon. in Cic.) M AGISTRATUS either signifies a magistrate; as, Ma- gistratus jussit : or a magistracy ; as, Titio inagistratus datusest, Festus. SoPOTESTAS; 2iS^ Habere potesta- tem^ gerere potestates., esse in v. cum potestate, to bear an office ; Gabioriim esse potestasy to be a magistrate of Gabii, Juvenal, x. 99. Jurisdictionem tantum in iirbe delegari ma- gistratibus solitam^ etiam per provincias, Potestatibus demandavity Suet. Claud. 24. Magistratus was properly a civil magistrate or magistracy in the city ; and Potestas in the provinces : (Magistratus^ vel iis, qui in potestate ah- ^uasit, ut piita proconsulyVel prcfftor^vel aliiy qui provincias regunty Ulpian). But this distinction is not always observ- ed, Sallust. Jug. 63. When a magistrate was invested with military command by the people, for the people only could do it, he was said esse in v. cum imperio^ in justo, v. summo imperio. {Cum imperio esse dicitur^ cui nominatim est a populo mandatum imperium, Festus). Thus, Abstinientiam neque in imperiis, 7ieque in magistratibus pr^vstitit^ i. e. neque cum exercitui prceesset ^ jus belli gerendihaberet^ neque cum ?n:inera civi- lia in urbe gereret^ Suet. Cass. 54. Nemine cum imperio (mi. litary command) aut magistratu (civil authority), tendenie quoquam^ quin Rhodum diverteret^ Id. Tib. 12. So magis- tratus ^ imperia capere^ to enjoy offices civil and military. Id. C(es. 75. But we find Esse in imperio^ simpiy for Esse consulem, Liv. iv. 7. and all tliose magistrates were said Ha- bere imperium^ who held great authority and power, (qui et coercere aliquempossefif, etjubere incarcerem duci, Paull. 1. 2. ff. de in jus vocando), as the dictators, consuls, and prre- tors. Hence they were said to do any thing pro imperio^ Liv. ii. 56. to which Terence alludes, Fhorm. i. 4. 19. whereas the inferior magistrates, the tribunes of the commons, the sediles, and qusestors, were said esse sine imperio, and to act only pro potestate, Liv. ii. 56. iv. 26. Sometimes /jo^w^c* and imperium are joined ; thus, Togatus in republica cum potestate imperioque versatus est, Cic. Phil. i. 7. Division o/" Magistrates, 113 DIVISION OF MAGISTRATES. T HF. Rom£in magutrafes were variously divided ; into oi'dinarr/ and extraordinary, greater and less, curide and not curule ; -Aso patrician and plebeian, city and proviu'^ ciut magistrates. The MAGISTRATUS ORDINARII were those who were created at stated times, and were constantly in the re-, public ; the EXTRAORDINARIl not so. The MAGISTRATUS MAJORES were those who had what were called the greater auspices, {quce minoribus inagis rata essent, Gell. xiii. 15 J. The magistratus majores ordinarii were the consuls, praetors, and censors, who were a'eated at the Comitia Centuriata. The extraordinafii were the dictator, the master of the horse, (magister equitum), the interrex, the prefect of the city, &c. The xMAGISTRATUS MINORES ORDINARII were the tribunes of the commons, the rediles, and quses- tors : EXTRAORDINARIl, the prcefectus annoncs, dtu umviri navales, &c. The MAGISTRATUS CURULES were those who had the right of using the sella curulis or chair of state, name. ly, the dictator, the consuls, praetors, censors, and curule sediles. All the rest, who had not that right, were called NON CURULES. ( Curule s magistratus appellati sunt, quia curru vehebantur^ Festus ; In quo curru sella curulis erat^ supra quam considerent, Gell. iii. 18 J. The sella curulis was anciently made of ivorj'^, or at least adorned with ivory; hence Horace calls it, curule ebur, Ep. i. 6. 53. The magis- trates sat on it in their tribunal on all solemn occasions. In the beginning oftlierepublic, the magistrates were cho- sen only from the patricians, but in process of time also from the plebeians, except the interrex alone, (quem et ipsum patricium esse, et a patriciis prodi necesse erat, Cic. pro Do- mo, 14). The plebeian magistrates were the sediles and tri- bunes of the commons. Anciently there was no certain age fixed for enjoying the different offices, Cic. Phil. v. 17. A law was first made for this purpose rLEX ANNALIS) by L. Villius, or (L. Ju^ iiusjj a tribune of the commons, A. U. 573, whence his fa R 114 ROMAN ANTIQUITIES. mily got the sirname of an n ales, Liv. xl. 43, althougla ^ there seems to have been some regulation about that matter formerly, Id. xxv. 2. What was the year fixed for enjoying each office is not fully ascertained. See p. 4. It is certain that the prsetorship used to be enjoyed two years after the sedile- ship, Cic. Famil. x. 25. and that the 43d was the year fixed for the consulship, Cic. Phil. v. 17. If we are to judge from Cicero, who frequently boasts that he had enjoyed every of- fice in its proper year, (se suo quemque magistratum anno gessisse), the years appointed for the different offices by the lex villa were, for the quaestorship thirty-one, for the aedile- ship thirty seven, for the praetorship forty, and for the con- sulship forty-three. But even under the republic popular citizens were freed from these restrictions, ibid, and the emperors granted that indulgence (annos remittebant) to whomsoever they pleased, Pli?i. Ep. vii. 16. or the senate to gratify them, i)?o. liii.-28. The lex annalis, however, •was still observed, Flin. Ep. iii. 20. It was ordained by the law of Romulus, that no one should enter on any office, imless the birds should give favourable omens; and by the CORNELIAN LAW, made by Sy 11a, A. U. 673, that a certain order should be observed in ob- taining preferments ; that no one should be praetor before being quaestor, nor consul before being praetor ; nor should enjoy the same office within ten years, nor two different of- fices in the same year, Appian. de Bell. Civ. i. p. 412. Liv, xxxii. 7. Cic. Phil. xi. 5. Liv. vii. 40. But these regula- tions also were not strictly observed. All magistrates were obliged, within five days after enter- ing on their office, to swear that they would observe the laws, (in leges jurare)^ Liv. xxxi. 5. ; and after the expiration of their office, they might be brought to a trial if they had done any thing amiss, Liv. xxxvii. 57. Suet. Jul. 2Z. KINGS. Xl OME was at first governed by kings, not of absolute -*-*^ power nor hereditary, but limited and elective. They liad no legislative authority, and could neither make war nor peace without the concurrence of the senate and people, Dionys, ii. 13. Sallust. Catilm, 6o Kings. 115 The kings of Rome were also priests, and had the chief direction of sacrtd things, Dionys. ii. 14. as among the Greeks. Fir^. jEn. iii. 80. Cic. Dtvin. i. 40. The badges of the kings were the 'i'rabea, i. e. a white robe adorned with stripes of purple, or the toga pra'texta, a white robe fringed with purple, a golden crown, an ivony seep trey the sella curulis, and twelve lictors, >vith the fasces and secu- res, i. e. carrying each of them a bundle of rods, with an axe stuck in the middle of them. The badges of the Roman magistrates were borrowed from ■the Tuscans, Liv. i. 8. Flor. i. 5. Sail. Cat. SI. Jin. Dionys. iii. 61. Strab. \. p. 220. According to Pliny, Romulus used only the trabea. The toga prcetexta was introduced by Tullus Hostilius, and also the latus clavtis, after he had conquered the Tuscans, Plin. ix. 39. s. 63. viii. 48. s. 74. The regal government subsisted at Rome for 243 years under seven kings, Romulus, JSuma Pompilius, Tulhus Hos* tilius, Ancus Marcius^ L. Tarquinius Priscus. Servius Tul- lius, and L. Tarquinius, sirnamed SUPERBUS from his behaviour ; all of whom, except the last, so reigned, that they are justly thought to have laid the foundations of the Roman greatness, Liv. ii. 1. Tarquin being universally detested for his tyranny and cruelty, was expelled the city with his wife and family, on account of the violence offered by his son Sextus to Lucretia, a noble lady, the wife of Collatinus. This revolution was brought about chiefly by means of L. Junius Brutus. The haughtiness and cruelty of Tarquin inspired the Ro- mans with the greatest aversion to regal government, which they retained ever afterwards. Hence regie facere, to act tyrannically, regii spiritus, regia superbia, &c. The next in rank to the king was the TRIBUNUS, or PRiEFECTUS CELERUM, who commanded the horse under the king, as afterwards the magister equitum did under the dictator. When there was a vacancy in the throne, (INTERREG- NUM), which happened for a whole year after the dea'h of Romulus, on account of a dispute between the Romans ynd Sabines, about the choice of a successor to him, the senators US- ROMAN ANTIQUITIES. shared the government among themselves. They appointed one of their number, v ho should have the chief direction of aifairs, with the title of INTERREX, and all the ensigns of royal dignity for the space of five days ; after him another, and then another, till a king was created, Liv. i. 17. Dionys. ii.57. Afterwards under the republic an interrex was created to hold the elections when there were no consuls nor dictator, Liv. iii. 55. which happened either by their sudden death, or when the tribunes of the commons hindered the elections by their intercession, Liv. vi. 35. ORDINARY MAGISTRATES. I. CONSULS. 1. The Jirst Creation^ different namesj and badges of CONSULS. AFTER the expulsion of the kings, A. U. 244, two su- preme magistrates were annually created with equal authority ; that they might restrain each other, and not be- come insolent by the length of their command, Cic. post red. in Sen* 4. Eiitrop, i. 9. They were anciently called PRiETORES, Liv, iii. 55, Festus ; also Imperatores, Sallust. Ca?.6.or JUDICES, VarrodeLat. Ling. v. 7. Liv. iii. 55. afterwards CONSU- LES, either from their consulting for the good of the state, (c considendo reipubMc^), ¥\or i. 9. or from consulting the se- nate, (a consulendo senatiim), CicdeLegg. iii. 3. and people, Farr, L. L. iv. 14. or from their acting as judges, (ajudi- cando), Quinctilian. i. 9. From their possessing supreme command the Greeks called them°rnATOi. if one of the consuls died, another was substituted {siibro- gatus vel suffectus est\ in his room for the rest of the year ; but he could not hold the comitia for electing new consuls, Liv. xli. 18. The insignia of the consuls were the same with those of the kings, except the crown ; namely, the toga pnctexta, sella curulis, die sceptre or ivory staff, {scipio eburneus), and twelve lictors with thejasces and secures. Within the city the lictors went before only one of the con- suls, Liv. ii, 1. and that commonly for a month alternately Consuls. 117 mensibus alternis). A public scrvcuit called acccnsus^ v/cnt before the other consul, and the lictors followed ; which cus- tom, after it had been long disused, Julius Caesar restored in his first consulship, Suet. Jul. 20. He who was eldest, or had most children, or who was first elected, or had most suffrages, had the/^^r^'^ first, GelL ii. 15. Liv. ix. 8. Ac- cording to Dionysius the lictors at first went before both consuls^ and were restricted to one of them bj' the law of Valerius Poplicola, lib. v. 2. We read in Livy, of 24 lictors attending the consuls, ii. 55. but this must be understood without the citj^ 2. The Power of the CONSULS. As the consuls at first had almost the same badges with the kings, so they had nearly the same power, LiV' ii. 1. But Valerius, called POPLICOLA, (« populo colemh)^ took away the sccuris from the fasces, {securim fascibus ademit), i. e. he took from the consuls the power of life and death, and only left them the right of scourging, at least with- in the city, Dionys. v. 19. for without the city, when invest- ed with military command, they still retained the securis, i. e. the right of punishing capitally, Liv. xxiv. 9. Dionys. v. 59. When the consuls commanded different armies, each of them had Xht fasces and secures ; but when they both com- manded the same armj% they commonly had them for a day alternately, {alternis i7nperitabanf), Liv. xxii. 41. Poplicola likewise made a la'w, granting every one the li- berty of appealing from the consuls to the people ; and that no magistrate should be permitted to punish a Roman citi- zen who thus appealed, Liv. ii. 8. which law was after- wards once and again renewed, and always by persons of Valerian family, /(/. iii. 55. x. 9. But this privilege was al- so enjoyed under the kings, JLiv. i. 26. y'ui. 35. Poplicola likewise ordained, that when the consuls came into an assembly of the people, the lictors should lower the fasces in token of respect, Liv. ii. 7. and also that whoever usurped an ofiice without the consent of the people, might be slain with impunity, Dionys. v. 19. But the power of the consuls was chiefly diminished by the creation of the 118 ROMAN ANTIQUITIES. tribunes of the commons, who had a right to give a nega- tive to all their proceedings, {omnibus actis intercedere). Still, however, the power of the consuls was very great : and the consulship was considered as the summit of all po- pular preferment, (Aowor«W2 populijinis), C'lC. pro Plane. 25. The consuls were at the head of the whole republic, Cic* firoMur.55. All the other magistrates were subject to them except the tribunes of the commons. They assembled the people and the senate, laid before them what they pleased, and executed their decrees. The laws which they proposed and got passed, were commonly called by their name. They received all letters from the governors of provinces, and from foreign kings and states, and gave audience to am- bassadors. The year was named after them, as it used to be at Athens from one of the Archons, Cic. de Fat. 9. Thus, M. Tullio Cicerone et L. Antonio Consulibus^ mark- ed the 690th year of Rome. Hence numerare multos con- sules, for annos, Sen. Ep. 4. Bis jam pane tibi consul tri- gesimus instate You are near sixty years old, Martial, i. 16. 3. And the consuls were said Aperire annum^ fastosque reserare^ Plin. Pan. 58. He who had most suffrages was called CONSUL PRIOR, and his name was marked first in the calendar, {in fastis). He also had the fasces first, and usually presided at the elec- tion of magistrates for the next year. Every body went out of the way, uncovered their heads, dismounted from horseback, or rose up to the consuls as they passed by. Sen. Ep. 64. If any one failed to do so, and the consul took notice of it, he was said to order the lie- tor ANIMADVERTERE, Liv. xxiv. 44. Suet. Jul. 80. Acilius the consul ordered the curule chair of Lucullus the Prastor to be broken in pieces, when he was administering justice, because he had not risen up to him, when passing by, Dio. xxxvi. 10. & 24. When a Praetor happened to meet a consul, his lictors always lowered their fasces, Dio- 7iys. viii. 44. In the time of war the consuls possessed supreme com- mand. They levied soldiers, and provided what was ne- cessary for their support. They appointed the military tribunes, or tribunes of the legions, (in part ; for part were Consuls. 119 ereated bv the people. See Lex Attilia), tlie centurions, and other officers, Cic. deLegiS^, iii. 3. Polyh. vi. 34. The consuls had command over the provinces, Cic. Phil. iv. 4. and could, when authorized by the seiv^te, call per- sons from thence to Rome, {Romam evocare excire, v. ac- cire), and punish them, Cic. in Ferr. i. 33. Lw. iii. 4. xxix. 15. They were of so great authority, that kings, and for- eign nations, in alliance with the repul:>lic, were considered to be under their protection, Cic. pro Sext. 30. In dangerous coiijunctures the consuls were armed with absolute power by the solemn decree of the senate, Ut vi- DERENT, vel Darent operam, is'c. Liv. iii. 4. vi. 19. See p. 24. In any sudden tumult or sedition, the consuls called the citizens to arms in this form : Qui rempubli- CAM SALVAM ESSE VELIT, ME SEq_UATUR, Cic. pVO Rtt- bir. 7. Tusc. Qurest. iv. 23. Under the emperors the power of the consuls was reduced to a mere shadow : their office was then only to consult the senate, and lay before them the ordinances (placitd) of the emperors, to appoint tutors, to manumit slaves, to let the public taxes, which had formerly belonged to the censors, Ovid. Pont. iv. 5. 18. zs* Ep. ix. 47. to exhibit certain pub- lic games, and shovv^s, which they also sometimes did under the republic, Cic. Off. ii. 17. to mark the year by their name, &c. They retained, however, the badges of the ancient con- suls, and even greater external pomp. For they wore the toga picta or palmata, and had their fasces wreathed with laurel, which used formerly to be done only by those who triumphed. They also added the securis to the fasces. 3. The day on which the CONSULS entered on their Office. In the beginning of the republic the consuls entered on their office at different times ; at first on the 23d or 24th February, (VII. vel VI. Kal. Mart.) the day on which Tar- quin was said to have been expelled, Ovid. Fast. ii. 685, which was held as a festival, and called REGIFUGIUM, Festus: afterwards on the first of August, (A'a/. Sext.) which was at that time the beginning of the year, (i. e. of the con- sular^ not of the czt^z/year, which always began with Janua- ry), Liv, iii. 6. In the time of the Decemviri^ on the 15th of 120 ROMAN ANTIQUITIES. May, {Id. Man), Id. :i6. About fifty years after, on the IStia December, {Id- Decemb.) Liv. iv. 37. v. 11. Then on the first of July, {Kal. Qumctil.) Liv. v. 32. viii. 20. which con- tinued till near the beginning of the second Punic war, A. U. 530, when the day came to be the 15th March, ild. Mart.) At last, A. U. 598, or 600, (Q. Fulvio £s? T. Annio Coss.) it was transferred to the first of January, {in KaL Jan.) which continued to be the day ever after, (DIES SOLENNIS magistratibus ineundis)., Liv. Epit. 47. Ovid. Fast. i. 81. iii. 147. After this the consuls were usually elected about the end of July or the beginning of August. From their election to the 1st of January, when they entered on their office, they were called CONSULES DESIGNATI ; and whatever they did in public affairs, they were said to dO' it by their authority^ not by their j^ott/er; {Quod -potest^te nondum pote-' rat, obtinuit auctoritate), Cic. in Fis. 4. Sext 32. They might however propose edicts, and do several other things pertaining to their office, Dio. xl. 66. Among other honours paid to them, they were always first asked their opinion in the Senate. See p. 12. The interval was made so long, that they might have time to become acquainted with what pertained to their office ; and that enquiry might be made, whether tl"key had gained their election by bribery. If they were convicted of that crime upon trial, they were deprived of the consulship, and their competitors, who accused them, were nominated in their place, Cic. pj'o Syll. 17. & ^2, They were also, besides being fined, declared incapable of bearing any office, or of coming into the senate, by the Cal- purnian and other laws, Cic. pro Cornel. Muren. 23, &c. as happened to Autronius and Sylla, SalL Cat. 18. Cicero made the punishment of bribery still more severe by the TuUian law, which he passed by the authority of the senate, with the additional penalty of a ten years' exile, pro Mur. 32. in Fatin. 15. pro Sext. 64. The first time a law was proposed to the people concern- ing bribery was A. U. 397, by C. Paetiliius, a tribune of the commons, by the authority of the senate, {auctoribus patri- bua ; ut novoriim maxime hominum ambitio, qui nundinas et cancilittbula obire soliti crant^ comprimeretur)^ Liv. vii. 15. Consuls. 121 On the first of January the senate and people waited on the MC'.v consuls (sa/utabant), at their houses, (which in after times was called OFFICIUM, Flin. Ep. ix. 37.) whence being conducted with preat pomp, (which was called PRO- CESSUS CONSULARIS), to thccapitol, they offered up their vo^vs, (vota nuncupabant), and sacrificed each of them an ox to Jupiter ; and then began their oflice, {miinns suum auspicabantur)^ by holding the senate, consulting it about the appointment of the Latin holidays, and about other things concerning religion, Ovid. Pont. iv. 4. & 9. Liv.xxu 6S. xxii. 1. xxvi. 26. Cic. post red. ad Quir. 5. Bull. ii. 34. Dio. Fragm. 120. Within five days they were obliged to swear to observe the laws, Liv. xxxi. 50. as they had done when elected, Plin, Pan. 64. 65. And in like manner when they resigned their office, they assembled the people, and made a speech to them about what they had performed in their consulship, and swore that they had done nothing a- gainst the laws, ibid. But any one of the tril^unes might hin- der them from making a speech, and only permit them to swear, as the tribune Metellus did to Cicero, Dio. xxxvii; 38. whereupon Cicero instantly swore with a loud voice, that he had saved the republic and the city from ruin : which the whole Roman people confirmed with a shout, and with one voice cried out, that w^hat he had sworn was true ; and then conducted him from the forum to his house with eve- ry demonstration of respect, Cic. in. Pis. 3. Ep. Fam. v. ^. 4. The Provinces of the CONSULS. During the first days of their office the consuls cast lots, or agreed among themselves about their provinces ; {pro- vincias inter se sortiebantur ., aut parabant^ vel comparabant: provincias partiti sunt), Liv. ii. 40. iii. 10. 22, 57. et alibi passim. A province (PRO VINCI A), in its general acceptation, is metaphorically used to signify the office or business of any one, whether private or publfc ; thus, 0 Geta, provinciam cepisti duram, Ter. Phorm. i. 2. 22. So Heaut. iii. 2. 5. Before the Roman empire was widely extended, the pro- vince of a consul was simply a certain charge assigned him ; as a war to be carried on, &c. or a certain country in whic\:j S i22 ROMAN ANTIQUITIES, he was to act during his consulship, Liv. ii. 40. 54. 58» iii. 10. 22. 25. v. 32. vii. 6. 12. viii. 1. 29. ix. 41. x. 12. xxvi. 29. xliii. 14. &f 15. Flor. i. 11. Anciently these provinces used to be decreed by the sen- ate after the consuls were electtd, or had entered on their office, Liv. xxxli. 8. xxxiii. 29. et alibi passim. Sometimes the same province was decreed to both consuls, Id. x. 32. :xxxiv. 42. xl. 1, &c.. Thus both consuls were sent against the Samnites^ and made to pass under the yoke by Pontius, general of the Samnites, at the Fiirca Caudin^^ Liv. ix. 1, &c. So Paulus iEmilius and Terentius Varro were sent against Hamiibal, at the battle of Cannae, Id. xxii. 40. 8c xxv. 3. xxvii. 22, &.C. But by the Sempronian law, passed by C. Sempronius Gracchus, A. U. 631, the senate always decreed two pro- vinces for the future consuls before* their election, Cic. pro Dom. 9. de Prov. Cons. 2. Sail. Jug. 27. which they, after entering on their office, divided by lot or agreement, (sorte vel compai'atione partiti sunt) . In latter times the province of a consul was some conquered country, reduced to the form of a province, (see p. 76.) which each consul, after the expiration of his office, should command ; for during the time of theif consulship they usually remained in the city. Hence Cicero says. Turn bella gerere nostri duces incipiunt^ eum ausptcia, i. e. considatum et praturam^ posuerunt^ Nat. D. ii. 3. For proprcctors and proconsuls had not the right of taking the auspices, {auspicia non hahebant)^ Cic. Divin. ii, 36. The provinces decreed to the consuls, were called PRO- VINCLE CONSUL-ARES; to the pr5etors, PRiETO- RliE. Sometimes a certain province was assigned to some one of the consuls ; as Etruria to Fabius, both by the decree of the senate, and by the order of the people, Liv. x. 24. Sicily to P. Scipio, xxviii. 35. Greece, and the war against Antiochus, to L. Scipio, by the decree of the senate. Id. xxxA'ii. 1. This was said to be done extra ordinem, extra mortem vel sine sorte, sine comparatione, Id. iii. 2. vi, SO, £s?c. It properly belonged to the senate to determine the pro- vinces of the consuls and praetors. In appointing the pro- Consuls. 123 vmces of tlie prrctors, the tribunes itiight Interpose their ne- gative, but not in those of the consuls, Cic. de Prov. Cons. 8. Sometimes the people reversed what the senate had de- creed concernin?^ tlie provinces. Thus the war against Ju- gurtha, which the senate had decreed to Metellus, was giv- en by the people to Marius, Sail. Jug. 73. And tlie at- tempt of Marius, by means of the tribune Siilpicius, to get the command of the war against Mithridates transferred from Sylla to himself by the suffrage of the people, ave oc- casim to the first civil war at Rnnie, Plutarch, in Mar. £sP Sj/ll. Appian. de Btll. Civ. 1. and in fact gave both the oc- casion and the example to all the rest that followed. So when the Senate, to mortify Caesar, had decreed as provin- ces to him and his colleague Bibulus, the care of the woods and roads, Suet. Jul. 19. Caesar, by means of the tribune Vatinius, procured from the people, by a new and extraor- dinary law, the grant of Cisalpine Gaul, with the addition of Illyricum, for the term of five years, Ibid. 22. Cic. pro Dom. 9. in Fatin. 15. and soon after also Transalpine Gaul from the senate. Suet. ib. Dio. xxxviii. 8. which important command was afterwards prolonged to him for other five years by the Trebonian law, Liv. Epit. 105. Cic. de Prov, Cons. 8. Epist. Fam. i. 7. (See page 24.) No one was allowed to leave his province without the permission of the Senate, Liv. xxix. 19. which regulation, however, was sometimes violated upon extraordinary oc- casions, Liv. X. 18. xxrii. 43. If any one had behaved improperly, he might be recalled from his province by tlic senate : but his military command could only be abolished iabrogari) by the people, Liv. xxix. 19. The senate might order the consuls to exchange their provinces, Liv. xxvi. 29. and even force them to resign their command, Id. v. 32. Pompey in his third consulship, to check bribery, passed a law that no one should hold a province, till five years after the expiration of his magistracy, Dio. xl. 46. and that for these five years, while the consuls and praetors were disqua^ liiied, the senators of consular and prajtorian rank, vrlio had jieverheld any foreign command, should divide the ^■aca^i 124 ROMAN ANTIQUITIES'. provinces among themselves by lot. By which law the go- vernment of Cilicia fell to Cicero against his will, Cic. Ep. JFatn. iii. 2. Caesar made a law, that the praetorian provin- ces should not be held longer than a year, nor the consular more than two years. But this law, M'hich is much praised by Ciceroi was abrogated by Antony, Cic Phil. i. 8. 5. From what Order the CONSULS were created. The consuls were at first chosen only from among the pa- tricians, but afterwards also from the plebeians. This im- portant change, although in reality owmg to weightier causes, was immediately occasioned by a trifling circumstance. M. Fabius Ambustus, a nobleman, had two daughters, the elder of whom was married to Sulpicius, a patrician, and the younger to C. Licinius Siolo, a plebeian. While the latter was one day visiting her sister, the lictor of Sulpicius, wha was then military tribune, happened to strike the door with his rod, as was usual when that magistrate returned home from the forum. The younger Fabia, unacquainted with that custom, was frightened at the noise, which made her sis- ter laugh, and express surprise at her ignorance. This stung her to the quick ; and upon her return home she could not conceal her uneasiness. Her father seeing her dejected, ask- ed her if all wag well ; but she at first would not give a di- rect answer : and it was with difficulty he at last drew from her a confession, that she was chagrined at being connected with a man who could not enjoy the same honours with her sister's husband. For although it had been ordamed by law, that the military tribunes should be created promiscuously from the patricians and plebeians, Liv. iv. 6. yet for forty- four years after their first institution, A. U. 311. to A. U. 355. no one plebeian had been created, Liv. v. 12. vi. 37. and very few afterwards, Liv, v. 13. 18. vi. 30. Ambustus, therefore, consoled his daughter with assurances, that she should soon see the same honours at her own house, which she saw at her sister's. To effect this, he concerted mea- sures with his son-in-law, and one L. Sextius, a- spirited young man of plebeian rank, who had every thing but birth to entitle him to the highest preferments. Licinius and Sextius being created tribunes of the com- mons, Liv, vi. Z5, got themselves continued in that office Consuls. 125 for ten years, ibid. 42. for five years they suffered no cunilc magistrates to be created, iOid. 35. and at last prevailed to get one of the consuls created from among the plebeians, ibid. 42. # L. SEXTIUS was the first plebeian consnl, Liv. vii. 1. and the second year after him, C. Licinius Stolo, ibid. 2, from whom the law ordaining one of the consuls to be a ple- beian, was called LEX LICINIA, ?6zc^. 21. Sometimes both consuls were plebeians, /(/. xxiii. 31. which was early allowed by law, vii. 42. But this rarely happened ; the pa- tricians for the most part engrossed that honour, jLiv. vii, 18. 19. et afidi passim. Sail. Jug. 63. Cic. in Ridl. ii. 1. The Latins once required, that one of the consuls should be cho- sen from among them, Liv. viii. 4. & 5. as did afterwards also the people of Capua, Id. x xxiii. 6. but both these de- mands were rejected with disdain. The first foreigner, who obtained the consulship, was Cornelius Balbus, Pirn. viii. 43. s. 44. Fell. ii. 51. a native of Cadiz ; who became so rich, that at his death, he left each of the citizens residing at Rome, 25 drachma , or denarii, i. e, I65. If/. 3(7- sterling, Dio. xlviii. 32. 6. The Legal Age, and other Requisites for enjoying the Consulship. The legal age for enjoying the consulship (^Etas CON- SUL ARIS) was forty-three, Czc. Phil. v. 17. and whoever was made consul at that age, was said to be made in his own year, {suo anno), Cic. in Hull. ii. 2. Before one could be made consul, it was requisite to have gone through the inferior offices of quaestor, asdile, and prae- tor. It behoved candidates for this office to be present, and in a private station, (see p. 91.) : and no one could be cre- ated consul a second time till after an interval often years, Liv. vii. 42. x. 13. But these regulations were not always observed. In an- cient times there seem to have been no restrictions of that kind, and even after they were made, they were often violated. Many persons were created consuls in their absence, and without asking it, Cic, Amic. 3. and several below the legal age; thus, M. Valerius Corvus at twenty-three, Liv. vii. 26. 126 ROMAN ANTIQUITIES. Scipio Africanus the elder, at twenty-eight, Id. xxv. 2. xxvi. 18. xxviii. 38. and the younger at thirty-eight, Id. Mpit. xlix. T. Quinctius Flaminius, when not quite 30, "iPlutarch. Ponnpey, before he. was full thirty-six years old {^E,x S. C- legibus solutiis consul ante fiebat^ quam uUum ■ magistratum per leges cap ere licuisset^ i. e. before by law he could be made asdile, which was the first office properly call- ed Mdgistratus, although that title is often applied also to the quaestorship and tribuneship, Cic. pro leg. Maml. 21.) To some the consulship was continued for several years without intermission ; as to Marius, Liv. Epit, 67. who was seven times consul, and once and again created in his absence, ibid. €t 68. W 80. Several persons were made consuls with- out having previously borne any curule office, Liv xxv. 42. xxxii. 7. Dio. xxxvi. 23. Many were re-elected within a less interval than of ten years, Liv. passim.. And the refu- sal of the senate to permit Caesar to stand candidate in his absence, or to retain his province, gave occasion to the ci- vil war between him and Pompey, which term.inated in the entire extinction of liberty, Cces. de bell. civ. i. 2. ts? 3. 7. Alterationsin the Condition of the CONSULS ujider the Emperors. Julius Caesar reduced the power of the consuls to a mere name. Being created perpetual dictator, Suet. 76. all the other magistrates were subject to him. Although the usual form of electing consuls was retained, he assumed the nomination of them entirely to himself, C*ic. Phil. ii. 32. Su- et. Jul. 41. Ss? 76. He was dictator an4 consul at the same time, Dio. xliii. 1. as Sylla had been before him ; but he re- signed the consulship when he thought proper, and nomina- ted whom he chose to succeed him. When about to set out against the Parthians, he settled the succession of magistrates for two years to come, iConsules et fribimos plebis in bien- nium, quos voluit) Cic. Att. xiv. 6. Dio. xliii. 51. He in- troduced a custom of substituting consuls at any time, for a few months or weeks ; sometimes only for a few days, or even hours, Lucan. v. 397. Suet. Jul. 76. Cic. Fam. vii. 30. Dio. xliii. 'i^. that thus the prince might gratify a great- er number with honours. Under Commodus, there were twenty-five consuls in one year, Lamprid. 6, The usual ^Consuls. 127 iiumber in a year was twelve. But the consuls who were ad- mitted on the first day of Jumiary, gave name to the year, and had the title of ORDINARIJ, the others being styled SUFFECTI, or Minores, Dio. xlviii. 35. The consuls, when appointed by the emperor, Plin. Ep, ix. 13. did not use any canvassing, but went through almost the same formalities in other respects as under the republic, riiji. Pan. 63, 64, 65, 69, 77, 92. In the first meeting of the senate after their election, they returned thanks to the empe- ror in a set speech, Plin. Ep. iii. 13, 18. Paneg. 2, 90, 91, 93. when it was customary to expatiate on his virtues ; which was called HoNORE,.i;d'/iN honorum principis cense- RE, Id. Pan, 54. because they delivered this speech, when they were first asked their opinion as consuls elect, {Seep, 12. Id' Plin. Ep. vi. 27.) Pliny afterwards enlarged on the ge- ral heads, which he used on that occasion, and published them under the name of PANEGYRICUS (i. e. Aoy«? ^avjj- yv^iMi oratio in conventu hahita, a Trat^yu^K, conventust Cic. Att. i. lAi.) Nerv(^ Trajano Augiisto dictiis. Under the emperors there were persons dignified merely with the title, without enjoying the office of consuls, (CON- SULES HONORARII) ; as, under the republic, persons who had never been consuls or pri^tors, on account of some public service, obtained theright of sitting and speaking in the senate, in the place of those who had been consuls or praetors, {loco consulari vel prcetorio, Cic. Phil. i. 6. v. 17. Liv. Epit. 118.) which was called OMC^onYa^ vel sententia consularis aut prcetoria., Cic. in Vatin. 7. in Balb. 25. So Allectus inter pratorios, Plin. Ep. i. 14. Pallanti senatus ornamenta prcstona decrcvit. Id. vii. 29. viii. 6. Those who had been consuls were called CONSULA- RES, Cic. Fam, xii. 4, &c. a"s those who had been prre- tors, were called PR^ETORII ; sediles, iEDILITII; quaestors, QUiESTORII. Under Justinian, consuls ceased to be created, and the year, of consequence, to be distinguished bytheir name, A. U. 1293. But the emperors still continued to assume that office the first year of their sovereignty. Constantine created two consuls annually ; whose office it wSs to exercise su- preme jurisdiction, the one at Rome, and the other at Con- stantinoplco 128 KOMAN ANTIQUITIES. 11. PRiETORS. 1. Institution and Power of the PR^TOR. npHE name of PR/ETOR {is qui prait jure et exercitu, -*- Varro 5-r^';«T;}705), v/as anciently common to all the ma- gistrates, Liv. iii. 55. Ascon. in Cic. Thus the dict.itor is called Predtor maximus^ Liv. vii. 3. But when the consuls, being engaged in almost continual wars, could not attend to the administration of justice, a magistrate was created for that purpose, A. U. 389, to whom the name of PRiETOR was thenceforth appropriated. He vvas at first created only from among the patricians, as a kind of compensation for the consulship being communicated to the plebeians ; but afterwards, A. U. 418, also from the plebeians, Liv. viii. 15. The praetor was next in dignity to the consuls, and was created at the Comitia Centuriata with the same auspices as the consuls, whence he was called their colleague, Liv. vii. 1. viii. 32. Gell. xiii. 14. Plin. Pan. 77. The first praetor was Sp. Furfus Camillus, son to tlie great M. Furius Ca- millus, who died the year that his son was praetor, Xiu. vii. 1. When one praetor was not sufficient, on account of the number of foreigners who flocked to Rome, another praetor was added,, A. U. 510, to administer justice to them, or be- tween citizens and them, {.qui inter ewes Romanos et pere- grinosjus cliceret, Liv. Epit. xix. — xxii. 35.) hence called PRiETOR PEREGRINUS. The. two prsetors, after their election, determined by cast- ing lots, which of the two j urisdiciions each should exer- cise. The prsetor who administered justice only between citi- zens was called PRAETOR URBANUS, and was more honourable ; whence he was called Pr^tor honoratus, Ovid. Fast. i. 52. Major, Festus in voce Ma] ok Con- sul ; and the law derived from him and his edicts is called .TUS HONORARIUM. In the absence of the consuls he supplied their place, (munus consular e sustinebat), Cic. Fam. 10. 12. He presided in the assemblies of the people, and might convene the senate ; but only when something new happened, Cic.Fdm. xii. 28. He likewise exhibited certain public games, as, the Liidi Apollinares^ Liv. xxvii. 23. the Circensian and Megalcnsian games, Jiwenal. xi. 192. and therefore had a particular jurisdiction over players, and such people ; at least under the emperors, Tacit. Ann. i. 77. When there was no censor, he took care, according to a decree of the senate, that the public buildings were kept in proper re- pair, {sarta tecta exigebat)^ Cic. in Verr. 1. 50. On account of these important offices he was not allowed to be absent from the city above ten days, Cic. Phil. ii. 13. The power of the praetor in the administration of justice was expressed m these three words, DO, DICO, ADDI- CO. Prcctor dab at actionem etjudices ; the prcetor gave the form of a writ for trying and redressing a particular, wrong complained of, and appointed judges or a jury to judge in the cause ; dice bat jus^ pronounced sentence ; ADDicEBAT bona \^ damna^ adjudged the goods of the debtor to the creditor, &c. The days on which the prastor administered justice were, called DIES FASTI, {a fando, quod lis diebus hcsc tria ver- ba fari licebat). Those days on which it was unlawful to administer justice, were called NEFASTI. Ille NEFASTus erit^ per quern tria verba silentur : Fastus erity per quern lege licebit agi, Ovid. Fast. i. 47. 2. EDICTS of the PRiETOR. The Prcctor Urbanus when he entered on his office, after having sworn to the observance of the laws, published an ledict (EDICTUM), or system of rules {Formula)^ accord- ing to which he was to administer justice for that year ; whence it is called by Cicero, LEX ANNUA, Cic. iit Verr. i. 42. Having summoned an assembly of the peo- ple, he publicly declared (EDICEB AT) from the i?wifr^, {cum in concioneni adscendisset), what method he was to ob- serve, (g?/^ observatiirus ess^t)^ in administering justice, Cic. de Fin. ii. 22. This edict he ordered not only to be recited by a herald, Plant, in prolog. Pcenuli 11. but also to be publicly pasted up in writing, {Scriptum in ALBO, (i. e. in tabula dealbata^ vel, lit alii dicunt, albis Uteris nota- ta) ^ public epr op oni^ unde de PLANO, (i. e. de humo), rec^ T 130 ROMAN ANTIQUITIES- te legi posset) ; in large letters, (.Uteris majuscuUs,) Suet. Gaiig. 41. These words used commonly to be prefixed to the edict, BONUM FACTUM, Suet, Jul, 80. VitelL 14. Flaut. ibid. Those edicts which the praetor copied from the edicts of his predecessors, were called TRALATITIA; those which he framed himself, were called NOVA ; and so any clause or part of an edict, CAPUT TRALATITIUM vel NO-. VUM, Cic. in Verr. i. 45. But as the praetor often, in the course of the year, altered his edicts through favour or en- mity, Cic. in Verr. i. 41. 46. this was forbidden, first by a decree of the senate, A. U. 585. and afterwards, A. U. 686. by a law which C. Cornelius got passed to the great offence of the nobility, Ut Pr^tores ex edictis suis PERPETUis JUS DicERENT, 1. c. That the praetors, in ad- ministering justice, should not deviate from the form which they prescribed to themselves in the beginning of their office, Ascon. in Orat. Cic. pro Corn.—Dio. Cass. 36. c. 22. &? 23. From this time the law of the praetors, 0w5 PRiE- TORIUM) became more fixed, and lawyers began to study their edicts with particular attention, Cic. de Legg. i. 5. some also to comment on them, Qell. xiii. 10. By order of the Emperor Hadrian, the various edicts of the praetors were collected into one, and properly arranged by the lawyer Sal- vius Julian, the great grandfather of the Emperor Didius Julian ; which was thereafter called EDICtUM PER- PETUUM, or JUS HONORARIUM, and no doubt was of the greatest service in forming that famous code of the Roman lav/s called the CORPUS JURIS, compiled by order of the Emperor Justinian. Besides the general edict which the praetor published when he entered on his office, he frequently published particular edicts as occasion required, (Ed iota peculiaria et RE PEN TIN a), Czc. inVcrr. iii. 14. An edict published at Rome was called EDICTUM URBANUM, ibid. 43. in the provinces, PRO VINCI A-^ LE, ibid. 46. Sicilieme, 45, &.c. Some think that the Prcetor Urbanus only published an annual edict ; and that the Prcetor Peregrinus administered justice, either according to it, or according to the law of na- Pr/Etors. 131 ture and nations. But we read also of the edict of the Pnii- tor Peregrinus, Cic. Fam. xiii. 59. And it appears that in certain cases he mi^ht even be appealed to for relief against "the decrees of the Prtvtor Urbanus, Cic. Verr. i. 46. Ascon. in Cic. Cres. dc Bell. Civ. iii. 20. Dio. xlii. 22. The other magistrates published edicts as well as the prce. tor ; the kings, Liv. i. 32. &f 44. the consuls, Liv. ii. 24. viii. 6. the dictator, Liv. ii. 30. viii. 34. the censor, Liv. xliii. 14. Nep. in Cat. 1. Gell. xv. 11. the curule aediles, Cic. Phil. ix. 7. Plant. Captiv. iv. 2. 43. the tribunes of the commons, Cic. in Ferr. ii. 41. the qusestors, ibid. iii. 7. So the provincial magistrates, Cic. Epist, passim ; and un- der the emperors, the prsefect of the city, of the praetorian cohorts, &,c. So likewise the priests, as the pnntijices ancj decemviri sacrorum^ Liv. xl. 37. the augurs, Valer. Max. viii. 2, 1. and in particular, the pontifex maximum. Tucit. Hist. ii. 91. Gell. ii. 28. All these were called HONORA- TI, Liv. XXV. 5. Ovid. Pont. iv. 5. 2. or Honor e hone static Sail. Cat. ^S. honoribus honoruti^ Vellei. ii. 124. honors vel honoribus usi, Flor. i. 13. Cic. Flacc. 19. and therefore the law which was derived from their edicts was also called JUS HONORARIUM. But of all these, the edicts of the prsetor were the most important. The orders and decrees of the emperors were sometimes also called edicta, but usually rescripta. See p. 27. The magistrates in composing their edicts took the advice of the chief men of the state ; thus, Consules cum viros pri- marios atque amplissimos civitatis multos in consilium advo- cassent, de consilii sententia pronunciarunt, y^c. Cic. Verr. iii. 7. and sometimes of one another ; thus, Cum collegium prretorium tj'ibuni pleb. adhibuissent, ut res iiummnria de communi sententia constitueretur ; conscripserunt commu- niter edictum, Cic. Off. iii. 20. Marius quod communiter compositumfuerat^ solus edixit, ibid. The summoning of any one to appear in court, was like- wise called Edictu?n. If a person did not obey the first sum- mons, It was repeated a second and third time ; and then what was called a peremptory summons vvas given, (EDIC- TUM PEREMPTORIUM dabatur, quoddiscept/tioneni perimeret, i. e, tdtra tergiversari non patcretw\ which ad- 132 ROMAN ANTIQUITIES. mitted of no farther delay) ; and if any one neglected it he was called contumacious, and lost his cause. Sometimes a summons of this kind was given all at once, and was called Unum pro omnibus, or, unum pro tribus. We read of the senators being summoned to Rome from all Italy by an edict of the prastor, Liv. xliii. 11, Certain decrees of the praetor were called INTERDIC TA ; as, about acquiring, retaining, or recovering the pos. session of a thing, Cic, C^ecin.S. 14. 31. Orat. i. 10. to which Cicero alludes, Urbanitatis possessionem quibusvis inter- DicTis defendamus, Fam. vii. 32. also about restoring, ex- hibiting, or prohibiting a thing ; whence Horace, Sat. ii. 3. 217. Interdicto huic (sc.insano) omneadimatjus prator, i. e. bonis interdicat, the prastor would take from him the management of his fortune, and appoint him a curator. Id, JSpist. i. 1. 102. according to a law of the Twelve Tables, iquafuriosis et male rem gerentibus bonis interdici ju- bebat), Cic. de Senect. 7. 3. The INSIGNIA of the PRiETOR. The praetor was attended by two lictors, in the citj'', who went before him with the j^^cd-j, Plaut. Epid. i. 1. 26. and by six lictors without the city. He wore the toga pratexta^ which he assumed, as the consuls did, on the first day of his office, after having offered up vows, ^votis nuncupatis), in the capitol. When the pr«tor heard causes, he sat in the Forum or Co- mitium, on a TRIBUNAL, (in, or oftener pro tribunali)^ which was a kind of stage or scaffold, (suggestum v. -w*), in which was placed the Sella Curidis of the przetor, Cic. Verr. iii. 38. Mart. xi. 99. and a sword and a spear (GLADIUS et HAST A) were set upright before him. The Tribunal was )iiade of wood, and moveable, Cic. in Vat. 14. Suet. C(cs. 84. so large as to contain the ASSESSORES, or counsel of the praetor, Cic. de Orat. i. 37. and others, Brut. 84. in the form of a square, as appears from ancient coins. But when spa- cious halls were erected round the Fo?'um,for the administra- tion of justice, called BASILIC/E, or RegiiC sc ades vel porticusy Suet. Aug. 31 Calig. 37. Stat. Silv. i. 1. 29. (b^^/a^- «f.< 5-o^<) Zosim. V. 2. Joseph. A, xvii. 11. from their largeness Pr.etors. 135 md magnificence, the Tribunal in them seems to have been of stone, and in tlie form of a semicircle, Vitruv. v. 1. the two ends of which were called Corniia, Tacit. Annal. i. 75. or Partes Primores, Suet. Tib. 33. The first Basilica at Rome appears to have been built by M. Porcius Cato, the censor, A. U. 566. hence called Porcia, Liv. xxxix. 44. The JUDICES or jury appointed by the prastor, sat on lower seats, called SUBSELLIA, Cic. Rose. Am. 11. as also did the advocates, Id. de Or at. i. 62. the witnesses, Id. Flacc. 10. and hearers. Brut. 84. Suet. Aug. 56. Whence Subsellia is put for the act of judging, Suet. JVer. 17. or of pleading, Cic. de Orat.i. 8.ii. 33. thus, Versatiis in utrisque subselliis cum summafama etfide; i. e. judicem et patronum egit, Cic. Fam. xiii. 10. A subselliis ^\^^\x^t &c. i. e. causi- dicus^ a pleader, m CceciL 15. For such were said habitare in subselliis. Orat. i. 62. A subselliis in otium se conferre, to re- tire from pleading, /c/, Orat. ii. 33. The inferior magistrates, when they sat in judgment, (Jw- dicia exercebant ) ., did not use a Tribunal., but only subsel- lia ; as, the tribunes, plebeian aediles, and quaestors, &c. As- con, in Cic. Suet. Claud. 23. The benches on which the senators sat in the senate-house were likewise called subsellia., Cic. in Cat. i. 7. Hence Lon- gi s\ihsQ\X\\ jiidicatio, the slowness of the senate in decreeing, Cic. Fam. iii. 9. And so also the seats in the theatres, circus, &c. thus, senatoria subsellia., Cic. pro Corn. 1. Bis septena subsellia, the seats of the Equites, Mart. v. 28. In matters of less importance the praetor judged and passed sentence without form, at any time or in any place, Avhether sitting or walking ; and then he was said COGNOSCP^RE, interloqui, discutere, E vel DE PLANO ; or, as Cicero ex- presses it, ex^quo loco, Fam. iii. 8. Csesin. 17. de Orat. 6. non pro, vel e tj'ibunali, aut ex superiore loco; which expres- sions are opposed : So Suet. Tib. 33. But about all impor- tant affairs he judged in form on his tribunal. The usual attendants (MINISTRI vel apparitores) of the praetor, besides the lictors, were the SCRIBiE, who re- corded his proceedings, {qui acta in tabulas referrent')^ Cic Verr. iii. 78. & 79. and the ACCENSI, who summon- ed persons, and proclaimed aloud when it was the third hpur, or 9 o'clock before noon ; when it was mid-day, and 134 ROMAN ANTIQUITIES- when it was the ninth hour, or 3 o'clock afternoon, Farr, de Ling. Lat. v. 9. 4. The number of V^I^TOR^ at different times. While the Roman Empire was limited to Italy, there were only two pr^tors. When Sicily and Sardinia were reduced to the form of a province, A. U. 526. two other praetors were added to govern them, Liv. Epit. 20. and two more when Hither and Farther Spain were subdued, Id, xxxii. 27. & 28. In the year 571, only four praetors were created by the Baebian law, which ordained, that six praetors and four should be created alternately, Liv. xl. 44. but this regulation seems not to have been long observed. Of these six prretors two only remained in the city ; the other four, immediately after having entered on their office, set out for their provinces. The praetors determined their provinces, as the consuls, by casting lots, or by agreement, Liv. passim. Sometimes one praetor administered justice both between citizens and foreigners, Liv. xxv. 3. xxvii. 38. xxxi. 1. XXXV. 41, and in dangerous conjunctures, none of the prae- tors were exempted from military service. Id. xxiii. 32. The praetor Urbanus and Peregrinus administered jus- tice only in private or lesser causes ; but in public and im- portant causes, the people either judged themselves, or ap- pointed persons, one or more, to preside at the trial, {qui qu{Sstiom prceessent., Cic. pro Cluent. 29. quarerent^ qiices- tiones publicas \e\judicia exercerent^ Liv. iv. 51. xxxviii, 55. Sallust. Jug. 40.) who were called QUiESITORES,. or Quastores parricidiz^ whose authority lasted only till the trial was over. Sometimes a dictator was created for hold- ing trials, Liv. ix. 26. But A. U. 604. it was determined that tlie Prcstor Urbanus and Peregrinus should continue to exercise their usual jurisdictions ; and that the four other praetors should during their magistracy also remain in the city, and preside at public trials : one, at trials concerning extortion, {de repetundis) ; another, concerning bribery, ide ambitu) ; a third, concerning crimes committed against the state, ide majestate) ; and a fourth, about defrauding the public treasury, (de peculatu). These were called QUESTIONES PERP£TU/E, Czc. ^rw^. 26. because "PruEtoRs. 135 tkey were annually assigned {mandahantur) to particular prtctors, who always conducted them tor the whole year, {quiperpetuo exercerent)^ according to a certain form pre- scribed by law ; so that dicre was no need, as formerly, of making anew law, or of appointing extraordinary inquisi- tors to preside at them, who should resign their authority when the trial was ended. But still, when any thing unu- sual or atrocious happened, the people or senate judged about the matter themselves, or appointed inquisitors to pre- side at the crial ; and then they were said extra ordinem qucerere : as in the case of Clodius, for violating the sacred rites of the Bona Dea^ or Good Goddess, Cic. Att. i. 13, 14, & 16. and of Milo, for the murder of Clodius, Cic. pro Mil. &c. L. Sulla encreased the number of the quccstiones perpe- tuee^ by adding those de F ALSO, vel de criminefalsh con- cerning forgers of wills or other writs, coiners or makers of base money, &c. c/e SICARIIS xxiv. 18. or was of dissolute morals, CiCc Censors. 141 C'/uent. 47. above all, if a person hnd violated his oath, Liv, ibid, et Cic. Off. iii. 31. Gell. vii. 18. The accused were usually permitted to make their de- fence, (causam dJcere), Liv. loc. cit. The seiuence of die censors, ANIMADVpRSIO CEN- SORl A \djud/cium censons), oniy aWtcfed the ronk and ch tractor of persons. It was therefore properly called IG- NOMINIA, iquod'm nomine tantum, i. e. dignitate versa- batuf)^ and in later times had no other eflfect, than of putting a m;in to the blush, {nihil fere damnato affcrebat prteter ru- bor em., Cic.) It was not fixed and unalterable, as the decision of a court of law, non fjro re judicata habebatur') ; but might be either taken off by the next censors, or rendered ineff.^ctual by the verdict of a jury, or by the suffrages of the Roman people. Thus we find C. Gceta, who had been extruded the senate by the censors, A. U. 639, the very next lustrum himself made censor, Cic, pro Cluent. 42 See p. 7. Sometimes the senate added force to the feeble sentence of the censors, {tri- er ti ceTisori<^ not<^)^ by their decree, which imposed an ad- ditional p'lnishment, Liv. xxiv. 18. The offiv^e of censor was once exercised by a dictator, J^iv. xxiii. 22. and 23. After Sylla, the election of censors was intermitted for about 17 years, Ascon. in Cic. Whentht censors acted improperly, they might be brought to a trial ; as they sometimes were by a tribune of the com- mons, Liv. xxiv. 43. xliii. 15. 16. Nay, we find a tribune orderhig a censor to be seized and led to prison, LI. ix. 34, and even to be thrown from the Tarpeian rock. Id. epit. 59. Plin. vii. 44. s. 45, but both were* prevented by their coL leagues, ibid. 43. s. 45. Two things were peculiar to the censors : — 1. No one could be elected a second time to that office, according to the law of C. Martins Rutilus, who refused a second cen- sorship when conferred on him, hence sirnamed CENSO- RINUS, Faler. Alax. iv. 1. 2. If one of the censors died, another was not substituted in his room ; but his sur- viving colleague was obliged to resign his office, Liv. xxiv. 43. lixvii. 6. The de.tth of a censor was esteemed ommous, because it had happened that a censor died, and another was chosen in 142 ROMAN ANTIQUITIES. his place, in that luatrum in which Rome was taken by the Gauls, Liv. V. 31. vi. 27. The censors entered on their office immediately after their election. It was customary for theni, when the comitia were over, to sit down on their curule chairs in the Campus iMar- tius before the temple of Mars, Liv. xl. 45. Before they be- gan to execute their office, they swore that they would do nothing through favour or hatred, but that they would act uprightly ; and when they resigned their office, they swore that they had done so. Then going up to the treasury, {in ^rarium ascendentes) they left a list of those whom they had made <^rarii^ Lw. xxix. 37. Ajrecord of the proceedings of the censors, memoria pub- lica recensionis^ tabulis publicis impressa) was kept in the temple of the nymphs, Cic. pro Mil. 27. and is also said to have been preserved with great care by their descendants, Dionys. i. 74. One of the censors, to whom it fell by lot, Varr Lat, L. V. 9. after the census was finished, offi^red a solemn sacrifice (.lustrum condidit) in the Campus Martins. See. p. 88. The power of the censors continued unimpaired till the ti'ibuneshipof Clodius, A. U. 695, who got a law passed, ordering that no senator should be degraded by the censors, unless he had been formally accused and condemned by both censors, Dio. xxxviii. 13. but this law was abrogated, and the powers of the censorship restored soon after by Q. Metellus Scipio, A. U. 702. Ascon. in Cic. Dio. xl. 57. UiKier the emperors the office of censor was abolished ; but the chief parts of it were exercised by the emperors themselves, or by other magistrates. Julius Caesar made a review of the people (recensum popu- li egit), after a new manner, in the several streets, by means of the proprietors of the houses, (vicatim per dominos insu.- laruni), Suet. Jul. 41. but this was not a review of the whole Roman people, but only of the poorer sort, who received a monthly gratuity of corn from the public, ibid, which used to be given them in former times, first at a low price, Liv. ii'. 34. and afterwards, by the law of Clodius, for nothing, Cic. pro Sext. 25. Ascon. in Cic. Julius CiBsar was appointed by the senate to inspect the morals of the citizens for three years, Dio, xliii, 14. under I Cens6rs. 145 the title o^'PRiEFECTUS MORVM vo] moribus. Suet. Jul. 76. Cic. Fam ix. 15. afterwards I'or life, under the title of censor, Dtu. xliv. 5. A power similar to this seems to havf been copRrrcd on Pompfv in his third consulship, icorrii^endi.s moribus delt^ctiis). Tacit. Ann. ii. 28. Augustus tlirice made a review of the people ; the first and last time with a colleague, and the second time alone. Suet. Aug. 27. He was invested by the senate with the same censorial! power as Julius Caesar, repeatedly for five years, according to Dion Cassius, liii. 17. liv. 2. 10. & 30. according to Sue- tonius for life, (recepit et morum legiimque regimen perpe- tuum). Suet. Aug. 27. under the title of MAGISTER MORUM, Fast. Cons. Hence Horace, Epist. ii. 1. Cum tot sustineas, ac tanta negotia solus., Res Italds armis tuteris^ moribus orneSy JLegibus emendes^ &c, Augustus, however, declined the title of censor. Suet. 27. although he is so called by Macrobius, Sat. ii. 4. and Ovid says of him, sic agitur c e n sur a, &c. Fast. vi. 647. Some of the succeeding emperors assumed this title, particularly those of the Flavian family, but most of them rejected it, as Trajan, Plin. Paneg. 45. after whom we rarely find it mentioned, Dio. liii. 18. Tiberius thought the censorship unfit for his time, {non id tempus censured from the Patricians a remission of debts for those who u'ere insolvent, and liberty to such as had been given up to serve their creditors ; and likewise that the Plebeians should have proper magistrates of their own to protect their rights, whose persons should be sacred and inviolable, {socrnsancti), Liv. iii. 55. Dionys. vi. 89. They were called TRIBUNES, according to Varro. /. iv. 14. because they were at first cre- ated from the tribunes of the soldiers. Two tribunes were at first created, Cic. pro Corn. 1. at the assembly by cur i5. ts* 39. and when the latter were granted, the former were often dropped, c. 42. At last, how- ever, after great struggles, the tribunes laid open the way for plebeians to all the offices of the state. The government of Rome was now brought to its just equilibrium. There was no obstruction to merit, and the most deserving weje promoted. The republic was managed for several ages with quiet and moderation (placide modes- teque). But when wealth and luxury were introduced, and avarice had seized all ranks, especially after the destruction of Carthage, the more wealthy plebeians joined the patrici- ans, and they in conjunction engrossed all the honours and emoluments of the state. The body of the people were op- pressed ; and the tribunes, either overawed or gained, did not exert their influence to prevent it ; or rather perhaps their interposition was disregarded, Sollust. Jug. 41. At last Tiberius and Caius Gracchus, the grandsons of the great Scipio Africanus by his daughter Cornelia, bravely undertook to assert the liberties of the people, and to check the oppression of the nobility. But proceeding with too great ardour, and not being sufficiently supported by the multitude, they fell a sacrifice to the rage of their enemies. Tiberius, while tribune, was slain in the capitol, by the no- bility, with his cousin Scipio Nasica, FontifexMaximus., at their head ; A. U. 620, Appian. de Bell. Civ. i. 359, and Caius, a few years after, perished by means of the consul Opimius, who slaughtered a great number of the plebeians, Sallust. Jug. 16 & 42- This was the first civil blood shed at Rome, which afterwards at diffi^rent times deluged the state, Appian. ibid- i- 349- Vel- ii- 3. From this period, when arms and violence began to be used with impunity in the legislative assemblies, and laws enacted by force to be held as valid, we date the commencement of the ruin of Roman liberty- The fate of the Gracchi discouraged others from espous- ing the cause of the people- In consequence of which, the power of the nobles was increased, and the wretched plebe- ians were more oppressed than ever, Sallust- Jug- SI* i' Tribunes. iSl liut in the Jugiirthine war, when, by the Infamous cor- ruption of the nobility the republic had been basely betray- cd, the plebeians, animated by the bold eloquence of the tri. bune Memmius, regained the ascendency, Ibid- 40- 65- 73. & 84- The contest between the two orders v\'as renewed ; but the people being misled and abused by their favourite, the faithless and ambitious Marius, Dio fragment, xxxiv- 94- the nobility again prevailed under the conduct of Sylla» Sylla abridged, and in a manner extinguished the pov/er of the tribunes, by enacting, " That whoever had been tribune, should not afterwards enjoy any other magistracy ; that there should be no appeal to the tribunes ; that they should not be allovA'ed to assemble the people and make harangues to them, nor to propose laws," Liv- Epit- 89- Appian. B. Civ- i- 413- but should only retain the right of intercession, C^^. de Bell' Civ i. 6- {injuriie faciend^ potestatem ademit^ auxilii feren^ di reliquit), which Cicero greatly approves, Cic- de Legg' iii- 9. But after the death of Sylla, the power of the tribunes was restored. In the consulship of Cotta, A. U. 679. they ob- tained the right of enjoying other offices, Ascon. in Cic. and in the consulship of Pompey and Crassus, A. U. 683. all their former powers. Sail. Cat. 38. Cic. in Verr. \. 15. dc Legg. iii. 11. a measure which C^sar strenuously promot- ed, Suet. Jul. 5. The tribunes henceforth were emploj'ed by the leading men as the tools of their ambition. Backed by a hired mob, {a conducta plehe stipati), they determined every thing by force. They made and abrogated laws at pleasure, Czc. in .Pis. 4. pro Sext. 25. They disposed of the public lands and taxes as they thought proper, and conferred provinces and commands on those who purchased them at ih? highest price, Cic. pro Sext. 6, 10, 24, 26, ^c. pro Dom. 8. & 20. The assemblies of the people were converted into scenes of violence and massacre ; and the most daring always pre- vailed, Cic. pro Sext. ^5, 36, 37, 38, '^c. Dio. xxxix. 7, 8, Sec. Julius Caesar, who had been the principal cause of these excesses, and had made the violation of the power of the tri- bunes, a pretext for making war on lus country, (see p. 147.) 152 ROMAN ANTIQUITIES. having at last become master of the repubUc by force oi arms, reduced that power, by which he had been raised, to a mere name ; and deprived the tribunes of their office (po- testate prwavit)2itplQ2iii\ire, Suet, Jul. 79. Dio. xhv. 10. ^ell. ii. 68. Augustus got the tribunitian power to be conferred on himself for life, by a decree of the senate, Dio. li. 19. the ex- ercise of it by proper magistrates, as formerly, being incon- sistent with an absolute monarchy, which that artful usurper established. Suet. Aug. 27. Tacit. Amu iii. 56. This power gave him the right of holding the senate, Dio. liv. 3. (see p. 14.) of assembling the people, and of being appealed to in all case' jio. li. 19. It also rendered his person sacred and in- ' violable ; so that it became a capital crime {crimen M A- JESTATIS) to injure him in word or deed, Dio. liii. 17. which, under the succeeding emperors, served as a pretext for cutting off numbers of the first men in the state, and prov- ed one of the chief supports of tyranny, (ADJUMENTA REGNI), Tacit- Annal. iii. 38. Suet. Tib. 58. £sP61. A^er- 2>5. Hence this among other powers used to be conferred €n\ the emperors in the beginning of their reign, or upon other solemn occasions ; and then they were said to be Tribunitia potestate donatio Capitol- in M. Anton. — Vopisc- in Tacit> (see p' 27.) Hence also the years of their government were called the years of their tribunitian power, Dio. liii. 17- which are found often marked on ancient coins, computed not from the first of January, nor from the 10th of December, Civ. Id. Dec.} the day on which the tribunes entered on their office ; but from the day on which they assumed the empire. The tribunes, however, still continued to be elected, al- , though they retained only the shadow of their former po\\er> {inaTietn umbram et nine honor e nomcn)^ Plin. Ep. i. 23. Pa- neg. 10, & 95. Tacit, i. 77. xiii. 28. and seem to have re- mained to the time of Constantine, who abolished this with other ancient offices. V. iEDILES. fTiHE JEidileswtxt named from their care of the buildings, ■ JL iacura redium). The .^diles ^^'ere either plebeitin or curulc. /Ediles. 15,3 rwo .EDILES PLEBEII were first created, A. U. 260, ill tlie Comitia Curlata, at the Siuiic time with the tribunes of the commons, to be as it were their assistants, and to deter- mine certain lesser causes, which the tribunes committed to tliem, Dionys. vi. 90. They A\'cre afterwards created, as the other inferior magistrates, at the Comitia Tributa. Two .-^DILES CURULES were created from the patri, cians, A. U. 387, to exhibit certain public games, Liv. vi, 42. They were first chosen alternately from the patricitins and plebeians, but afterwards promiscuously froraboth, Liv, vii. 1. at the Comitia Thbuta, Gell. vi. 9. The curule asdiles wore the toga pr^etexta, had the right of images,and a more honourable place of giving their opinion in the senate, Cic. Fcrr. v. 14. They used the sella curulis. whenthey administered justice, whence they had their name. Whereas the plebeian sediles sat on benches, Ascon. in Cic» but they were inviolable, (SACROSANCTI), as the tri- bunes, Festus^ Liv. iii. 55. The office of the fiediles was to take care of the city, Cic. de Legg. iii. 3. its public buildings, temples, theatres, baths, basilica ^"poriicos^ aqueducts, common-sewers, publicroads, &c. especially when there were no censors ; also of private buildings, lest they should become ruinous, and deform the city, or occasion danger to passengers. Thej' likewise took care of provisions, markets, taverns, &c. They inspected those things which were exposed to sale in the Forum ; and if they were not good, they caused them to be thrown into the Tiber, Plant. Rud. ii. 3. 42, They broke unjust weights and measures, Juvenal, x. 101. They limited the expen- ces of funerals, Cic. Phil. ix. 7. Ovid. Fast. vi. 663. They restrained the avarice of usurers, Liv. x. 37. They fined or banished women of bad character, after being condemned by the senate or people, Tacit. An7i. ii. 85. Liv. x. 31. xxv. 2. They took care that no new gods or religious ceremonies were introduced, Liv. iv. 30. They punished not only pe- tulant actions, but even words, Gell. x. 6- The Jcdiles took cognizance of these things, proposed- edicts concerning them, Plant Capt. iv. 2. v. 43. and lined delinquents. • Y iS4 ROMAN ANTIQUITIES. The ^diles had neither the right of summoning nor of seizing, miless by the order of the tribunes ; nor did they use lictors or viatoresi but only public slaves, GelL xiii. 12. They might even be sued at law, {in ji(s vocari,) by a pri- vate person, ibid. 13. It belonged to the Jcdiles, particularly the curule aediles, to exhibit public solemn games, Liv. xxiv. 43. xxvii. 6. which they sometimes did at a prodigious expence, to pave the way for future preferments, Cic. Off*, ii. 16. They ex- amined the plays which were to be brought on the stage, and rewarded or punished the actors as they deserved, Plant. Trin. iv. 2. 148. Cist. Epil. 3. They were bound by oath to give the palm to the most deserving, Id. Amphit. Prol.*l2. Agrippa, when aedile under Augustus, banished all jugglers {pr Ann. iv. 2. Suet. Tib. 37. The prsefect of the pnetorian bands was under the succeed- ing emperors made the instrument of their tyTanny, and therefore that office was conferred on none but those whom they could entirely trust. They always attended the emperor to execute his com- mands ; hence theit power became so great, that it was little inferior to that of the emperor himself, (ut non multum abfiie- rit a principatu ; muniis proximnm vel alterum ah Augusti imperio, Vic. de C?-s. 9.) Trials and appeals were brought Ordinary MACisxRATEg 16i Defore them ; and fro»n their sentence there was no appeal, unless by way ot supplication to the emperor. The praetorian pracl'cct was appointed to his office by the emperor's delivering to him a sword, Plin. Pancg. 67. //hed at once {uno edicto suhlat^)^ by Tarquinius Supcrbus, Dionys. iv. 43. After the expulsion of Turquin the institutions of the kings were observed, not as written law, but as customs, (tanquam mores majorwn) ; and the consuls determined most causes as the kings had done, according to their plea- sure. But justice being thus extremely uncertain, as depending on the will of an individual, (zw unius voluntate positiim^ Cic. Fam. ix. 16.) C. Terentius Arsa, a tribune of the commons, proposed to the people, that a body of laws should be drawn up, to which all should be obliged to conform, {quo omnes 7iti deberent). But this was violently opposed by the patri- cians, in whom the whole judicative power was vested, and to whom the knowledge of the few laws which then existed was confined, Liv. iii. 9. At last, however, it was determined, A. U. 299. by a de- cree of the senate and by the order of the people, that three ambassadors should be sent to Athens to copy the famous laws of Solon, and to examine the institutions, customs, and laws of the other states in Greece, Z/fv. iii. 31. Plin. Ep. viii. 24. Upon their return, ten men (DECEMVIRI) were creat- ed from among the Patricians, with supreme power, and without the liberty of appeal, to draw up a body of laws {le- gibus scribendis), all the other magistrates having first abdi- cated their office, Liv. iii. 32. & 33. The decemviri at first behaved with great moderation, Each administered justice to the people every tentli day. 168 ROMAN ANTIQUITIES. The twelve fasces were carried before him who was to pte - side : and his nine colleagues were attended, by a single of* ficer, called ACCENSUS, Liv, iii. 33. They proposed ten tables of laws, which were ratified by the people at the ComU tia Centuriata. In composing them, they are said to have used the assistance of one HIl,RMODORUS, an Ephesian exile, who served them as an interpreter, Cic. Tusc. v. 36. Plin. xxxiv. 5. s. 10. As two otlier tables seemed to be wanting, decemviri were again created for another year to make them. But these new magistrates acting tyrannically, and wishing to retain their command beyond the legal time, were at last forced to re- sign, chiefly on account of the base passion of Appius Clau-> dius, one of their number, for Virginia, a virgin of Plebeian rank, who was slain by her father to prevent her falling into the Decemvir's hands. The decemviri all perished either in prison, or in banishment. But the laws of the twelve tables (LEGES DUODE^ CIM TABULARUM) continued ever after to be the rule and foundation of public and private right through the Ro* man world, {Fons universi publici prwatique juris. Id. 34. Finis ^q in juris, Tacit. Ann- iii. 270 They were engraved on brass, and fixed up in public, C Leges DECEMVIRA- LES, quibus tabulis duodecim est nomen, in tes incisas in publico prop osuer lint : sc. consides, Liv. iii- 57 J and even in the time of Cicero, the noble youth who meant to apply to the study of jurisprudence, were obliged to get them by heart as a necessary rhime, {tamquam carmen necessarium), Cic- de Legg- ii. 23. not that they were written in verse, as some have thought ; for any set form of vvords, (verba concepta), even in prose, was called CARMEN, Liv. i. 24, & 26. iii. 64. X. 38. or carmen compositum, Cic- pro Muraen. 12. III. TRIBUNI MILITUM CONSULARI POTES- TATE. THE cause of their institution has already been explain- ed, (see p. 109.) They are so called, because those of the plebeians who had been military tribunes in the army were the most conspicuous. Their office and insignia were much the same with those of the consuls. Provincial Magistrates. 169 IV. INTERREX. CONCERNING the causes of creating this magistrate, &c. (seep. 116.) Other EXTRAORDINARY MAGISTRATES of less Note. THERE were several extraordinary inferior magistrates; as, DUUMYIRI perchiei/ioriisjudicanda causa, Liv. 1. 26. vi. 20. Duumviri navalesy classis ornand^e rejiciendceque causa. Id. ix. 30. xl. 18. 26. xli. 11. Duumviri ad cedemJu^ noni Moneta faciiindam. Id. vii. 28. TRIUMVIRI colonics deducendcd, Liv. iv. 11. vi. 26. viii. 16. ix. 28. xxi. 25. xxxi. 49. xxxii. 29. Triumviri bi- ni, qui citra et ultra quinquagesimum lapidem in pagis foris- que et conciliabulis omnem copiam ingenuorum inspicerent, et idoneos ad arma ferenda conquirerent, militesque facerent^ Id. XXV. 5. Triumviri bini ; uni sacris conquirendis donis- que persignandis ; alteri reficiendis cedibus sacris. Id. xxv. 7. Triumviri mensarii,facti ob argenti penuriam, Liv. xxiii. 21. xxiv. 18. xxvi. 36. QUINQUE VIRI, agro Pomptino dividendo, Liv. vi. 21. Quinqueviri, ab disp ensatton e pecunia M.KJ>iSAI{.II appeh lati, Id. vii. 21. Quinqueviri muris turribusquerejiciendis. Id. xxv. 7. minuendis publicis sumptibus, Plin. Ep. ii. 1. Pan. 62. DECEMVIRI agris inter veteranos milites dividendis, Liv. xxxi. 4. Several of these were not properly magistrates. They were all, however, chosen from the most respectable men of the state. Their office may in general be miderstood from their titles. PROVINCIAL MAGISTRATES. THE provinces of the Roman people were at first govern ^ ed by praetors, (see p. 134.) but afterwards by procon- suls and proprietors, to whorn were joined quaestors and lieu- tenants. The usual name is PROCONSUL and PROPRIE- TOR ; but sometimes it is ^vritten/?ro consule and propra^ tore^ \n two words. A a 170 ROMAN ANTIQUITIES. Anciently those were called proconsuls^ to whom the com- mand of consul v/as prolonged iimperiu7n p7'orogatum) after their office was exph'ed, Liv. viii. 23, £s? 26. ix. 42. x. 16. or who were invested with consular authoritj% either from a subordinate rank, as Marceilus, after being prasior, {expra^ tura)^ Liv. xxiii. 30. andGellius, Cic* Legg. i. 20. or from a private station, as Scipio, xxvi. 18. xxviii, 38. This was occasioned by some public exigence, when the ordinary ma- gistrates were not sufficient. The same was the case with proprietors, Cic. Phil. v. 16. Suet. Aug. 10. Sail. Cat. 19. The first proconsul mentioned by Livy, was T. Quinctius, A, U. 290, Liv. iii. 4. But he seems to have been appointed for the time. The first to whom the consular power was pro- longed, was Publilius, Liv. viii. 23, & 26. f. The name of Prop7'(etor was also given to a person, whom a general left to command the army in his absence, Sallust, Jug. 36. 103. The Yi^vci^^oi consul dwd. proconsul, prcstor and proprcetor^ are sometimes confounded. Suet. Aug. 3. And we find all governors of provinces called by the general name of prO' consules, ^^sof prasides, ibid. ^6. The command of consul was prolonged, and proconsuls occasionally appointed by the Comitia Tributa, Liv. x. 24. xxix. 13. xxx. 27. except in the case of Scipio, who was stiit2iS proconsul mio Spain by the Comitia Centuriataj xxvi. 18. But after the empire was extended, and various countries reduced to the form of provinces, magistrates were regularly sent from Rome to govern them, according to the Sempro- nian law, (see p. 122.) without any new appointment of the people. Only military command was conferred on them by the Comitia Curiata, (see p. 84.) At first the provinces were annual, i. e. a proconsul had the government of a province only for one year ; and the same person could not command different provinces. But this v/as violated in several instances ; especially in the case of Julius CtBsar, Suet. Jul. 22, &? 24. Cic. Fam i. 7. (see p. 25, 123.) And it is remarkable, that the timid compliance of Cicero with the ambitious views of Ciesar, in granting him the continuation of his command, and money for the pay- ment ©f his troops, with other immoderate and unconstito- Provincial Magistrates. 171 tional concessions, de Provinc. Consul, ik pro Balho^ 27. al- though he secretly condemned them, Fam. i. 7. Attic, ii. 17. X. 6. proved fatal to himself, as well as to the republic. The prastors cast lots for their provinces, iprovincias sorti- ebantur), or settled them by agreement (winter se compara- bant\ in the same manner with the consuls, Liv, xxvii. Z^. xxxiv. 54. xlv.*16. ^ 17. But sometimes provinces were determmed to both by the senate or people, Id, xxxv. 20. xxxvii. 1. The senate fixed the extent and limits of the provinces, the number of soldiers to be maintained in them, and money to pay thrm; likewise the retinue of the governors, (COMI^ TA'i US vel cohors)^ and their travelling charges. (VIATI- CUM). And thus the governors were said, ORNARI, i. e. triitrui, to be furnished, Cic. in Riill. ii. 13. What was as- sij^ned them for the sake of household-furniture, was called VASARIUM, Cic. in Pis. 35, So vasa, furniture, Liv. i. 24. A certain number of lieutenants was assigned to each pro- consul and propr3. xxxviii. 45. Dio. xlix. 15. In the mean time he usually waited near the city till the matter was determined, whence he was said adurbem esse, Sail. Cat. 30. and retained the title of IMPE- RATOR, which his soldiers had given him upon his victo- ry, with the badges of command, his lictors, mid. fasces', &c. Appian says that in his time no one was called impera- tor, unless 10,000 of the enemy had been slain, De BelL Civ. ii. p. 455. When any one had pretensions to a tri- umph, his fasces v/ere always wreathed with laurel, Cic, Fam. ii. 16. Att. x. 10. as the letters were which he sent to the senate concerning his victory, Cic. in Pis. 17. Some- times when the matter was long in being determined, here- tired to some distance from Rome, Cic. Att. vii. 15. If he obtained a triumph, a bill was proposed to thepeo. 176 ROMAN ANTIQUITIES. pie, that he should have military command, iut ei imperium esset) 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 to give in to the treasury an exact copy of the ac- counts, which he had left in the province, {easdem rationes totidem verbis referre ad xranum)^ Cic. Att. v. 20. At the same time he recommended those, who deserved public rewards for their services, (m beneficiis ad (srarium detulit), Cic. ibid, et pro Arch. 5. What has been said concerning a proconsul, took place with respect to a propraetor ; unless that a proconsul had twelve lictors, and a propraetor only six. The army and re- tinue of the one were likewise commonly greater than that of the other. The provinces to which proconsuls were sent, were called Proconsulares ; propraetors, PR^EXORiiE, Dio. liii. 14. PROVINCIAL MAGISTRATES UNDER THE EMPERORS. UGUSTUS made a new partition of the provinces Those which were peaceable and less exposed to an ene- my, he left to the management of the senate and people. But of such as were more strong, and open to hostile invasions, and where, of course, it was necessary to support greater ar^ mies, he undertook the government himself, {I'egendas ipse suscepit), Suet. Aug. 47. Thishedidunder pretext of easing the senate and people of the trouble ; but in reality to increase his own power, by assuming the command of the army en- tirely to himself. The provinces under the direction of the senate and peo- ple, (PROVINCLE SENA TORIiK et POPULARES vel publicist y at first were Africa propria^ or the territories of Carthage, Xumidia, Cyrene ; Asia, (which, when put for a province, comprehended only the countries along the Fro- pontis and the jEgean aScj, namely, Fhrygia, Alt/sia, Caria, JLydia, Cic. pro Flacc. 27), Bithynia and FontuSi Gracia and Epiriis, Dalmatian Macedonia^ SicdiUt Sardinia^ Creta, and Hispaniu Bcuticuy Dio. liii. 12. Provincial Magistrates. 177 TheprovinccsoftheempcrorCPROVINCIiEIMPERA- TORLE, vel Ccvsaruniy) were Hispania Tarraconensis and ljUsitama,'Gall/a, Ccelo.ti/ria^ Phoenicia, Ci/iria, Cyprus, E- gj/ptus, to which others were afterwards added. But the condition of these provinces was often changed; so that they were transferred from the senate and people to the emperor, and the contrary, Dio Hii. 12. liv. 4. 3. Strabo, xvii. fin. The provinces of the emperor seem to have been in a better state than tliose of the senate and people, Tacit. Annal. i. 76. The magistrates sent to govern the provitices of the senate and people, were called PROCONSULES, although some- times only of Praetorian rank, Dio. liii. 13. The senate ap- pointed them by Xot^isortito mittedant), out of those who had borne a magistracy in the city at least five years before. Suet. Aug. 36. Vesp. 4. Plin. Ep. ii. 12. Dio. liii. 14. They had the same badges of authority as the proconsuls had formerly; but they had only a civil power, {potestas vel junsdictio)^ and no military command iimperium), nor disposal of the taxes. The taxes were collected, and the soldiers in their pro- vinces commanded by officers appointed by Augustus. Their authority lasted only for one year, and they left the province immediately when a successor was sent, Dio. ibid. Those whom the emperor sent to command his provinces were called LEGATl CiESARIS pro Conside, Proprce.- tores, vtlpro proftore, Dio. liii. 13. Consulares Legati, Suet, Tib. 41. Consulares Pectores, Suet. Vesp. 8. or simply, Con- sulares. Suet. Tib. 32. Tacit. Hist. ii. 97. and Legati, Suet. Vesp. 4. also Presides, Prafecti, Corrector es, &c. The governor of »^gypt was usually called PRiEFEC- TUS, Suet. Vesp. 6. or, Prcefectus Augustalis^ Digest, and was the first imperatorial legate that was appointed. There was said to be an ancient prediction concerning M,^ gypt, that it would recover its liberty when the Romanyaj- ces and pretexta should come to it, Cic. Fam. \. 7. TrebelL Poll, in JEi.Tiilian. Augustus artfully converting this to his own purpose, claimed that province to himself ; and dis- charging a senator from going to it without permission, Dio. ii. 17. he sent thither a governor of equestrian rank, without the usual ensigns of authority, Tacit. Ann. ii. 59. Suet. Tib. 52. To him was joined a person to assist in administering Bb ROMAN ANTIQUITIES. justice, called Juridicus AlexandrinvE civitatis. Pandect. (<5 ^ty.»ioS'oT),i, Strabo, xvii. p. 797.) The first prEefect of ^Egypt was Cornelius Gallus, cele- brated by Virgil in his last eclogue, and by Ovid, Amor, i, 15. 29. {Hunc primum ASgyptus Romanum judicem habiat^ Eutrop. vii. 7.) Suet. Aug. 66- Dio. li. 17. The legates of the emperor were chosen from among the senators, but the prasfect of iEgypt only from the Equites^ Tacit, xii. 60. Dio. liii. 13. Tiberius gave that charge to one of his freedmen, Dio. Iviii. 19. The legati Cessans wore a military dress and a sword, and were attended by soldiers instead of lictors. They had much greater powers than the proconsuls, and continued in command during the pleasure of the emperor, Dio. liii. 13. In each province, besides the governor, there was an ofl5- cer called PROCURATOR CiESARlS, Tacit. Agnc. 15. or curator^ and in later times rationalis, who managed the af- fairs of the revenue, {qui resfisci curabat / publicos reditus eoUigebat et erogabat)^ and also had a judicial power in mat- ters that concerned the revenue, Suet. Claud, 12. whence that office was called procuratio a?nplissima. Suet. Galb. 15. These Procurators were chosen from among the Equites, and sometimes from freedmen, Dio. lii. 25. They were sent not only into the provinces of the emperor, but also into those of the senate and people, Dio. liii. 15. Sometimes a Procurator discharged the office of a go- vernor, ivice p7'(€sidis fungebatur)^ especially in a small province, or in a part of a large province, where the gover- nor could not be present ; as Pontius Pilate did, who was procurato?' or prt^positus^ {^Litt. Vesp. 4.) of Judea, which was annexed to the province of Syria, Tacit. Annal. xii. 23. Hence he had the power of punishing capitally, ibid. xv. 44, which the procuratores did not usually possess, ib. iv. 15. To all these magistrates and officers Augustus appointed different salaries, according to their respective dignity, Dio. liii. 15. Those who received 200 sestertia were called DUCENARIi; 100, CENTENARII ; 60, SEXAGENARII, &.C. Capitulin. in Pertinac. c. 2. A certain sum was given them for mules, and tents ; \vhich used formerly to be af- forded at the public expcnce, Suet, Aug. ^6, Re-establishment of Monarchy. 179 All these alterations and arrangements were made in ap- pearance by public audioritj-, but in fact by the will of Au- gustus. RE-ESTABLISHMENT OF MONARCHY UNDER AUGUSTUS; TITLES, BADGES, AND POW- ERS OF THE EMPERORS. THE monarchical form of government established by Augustus, although different in name and external ap- pearance, in several respects resembled that which had pre- vailed under the kings. Both were partly hereditary, and partly elective. The choice of the kings depended on the senate and people at large ; that of the emperors, chiefly on the army. AVhen the former abused their power, they were expelled ; the latter were often put to death. But the interests of the army being separate from those of the state, occasioned the continuation of despotism. According to Pomponius, de origine juris ^ D. i. 2. 14. Reges omnem roTESTATEM HA SUISSE, their rights were the same. But the account of Dionysius and others is different. (See p. 114.) As Augustus had become master of the republic by force of arms, he might have founded his right to govern it on that basis, as his grand uncle and father by adoption, Julius Cccsar, had done. But the apprehension he always enter- tained of Ccesar's fate, made him pursue a quite different course. The dreadful destruction of the civil wars, and the savage cruelty of the Triumviri^ had cut off all the keenest supporters of liberty, Tacit. Ann. i. 2. and had so humbled the spirit of the Romans, that they were willing to submit to any form of government, rather than hazard a repetition of former calamities, ituta et pra^sentia quam Vetera et peri- culosa malebant, ibid.) The empire was now so widely ex- tended, the number of those who had a right to vote in the legislative assemblies so great, (the Romans having never employed the modern method of diminishing that number by representation), and the morals of the people so corrupt, that a republican form of government was no longer fitted to conduct so unwieldly a machine. The vast intermix- ture of inhabitants which composed the capital, and the m.i- 180 ROMAN ANTIQUITIES. merous armies requisite to keep the provinces in subjection, could no longer be controlled but by the power of one. Had Augustus possessed the magnanimity and wisdom to lay himself and his successors under proper restraints against the abuse of power, his descendants might have long enjoy- ed that exalted station to which his wonderful good for- tune, and the abilities of others, had raised him. Had he, agreeably to his repeated declarations, wished for command only to promote the happiness of his fellow-citizens, he would have aimed at no more power than was necessary for that purpose. But the lust of dominion, although artfully disguised, appears to have been the ruling passion of his mind, {specie recusantis flagrantissime cupiveratj. Tacit. Ann. i. 2, 3, 10. Upon his return to Rome after the conquest of Egypt, and the death of Antony and Cleopatra, A. U. 725, he is said to have seriously deliberated with his two chief favourites, Agrippa and Maecenas, about resigning his power, and re- storing the ancient form of government. Agrippa advised him to do so, but Maecenas dissuaded him from it. In the speeches which Dio Cassius makes them deliver on this occasion, the principal arguments for and against a popular and monarchical government, are introduced, lii. The advice of Maecenas prevailed, ib. 41. Augustus, however, in the following year, having corrected the abuses which had crept in during the civil wars. Suet. Aug. 32. and having done several other popular acts, assembled the senate, and in a set speech pretended to restore every thing to them and to the people. But several members, who had been previously prepared, exclaimed against this proposal ; and the rest, ei- ther prompted by opinion, or overawed by fear, all with one voice conjured him to retain the command. Upon which, as if unequal to the load, he appeared to yield a reluctant compliance ; and that only for ten years ; during which time, he might regulate the state of public affairs, (rempub- licam ordinaret); thus seeming to rule, as if by constraint, at the earnest desire of his fellow-citizens ; which gave his usurpation the sanction of law. This farce he repeated at the end of every ten years, D?o> liii. 46. but the second time, A. U. 736, he accepted the go- Re. ESTABLISHMENT OF MoN ARCH Y, Es'^. 181 vernment only for five years, saying that this space of time was then sufficienl. Id. liv. 12. and when it was elapsed, for five years more, A/- liii. 16. but after that, always for ten years, Id. Iv. 6. He died in the first year of the fifth decen- w/ww, the 19th of September (xiv. Kal. Sept.) A. U. 767, aged near 76 years ; having ruled alone near 44 years. The suceeeding emperors, although at their acecssion, they re- ceived the empire for life, yet at the beginning of every ten years, used to hold a festival, as if to commemorate the re- newal of the empire, Dio. liii. 10. As the senate by their misconduct (see p. 150,) had oc- casioned the loss of liberty, so by their servility to Augustus, they established tyranny. {Ruere in servitutem consoles., pa- t?'es^ eques^ as Tacitus says, upon the accession of Tiberius, jinnai- 1,7.) Upon his feigned offer to resign the empire, they seem to have racked their invention to contrive new ho- nours for him To the names of IMPERATOR, Dio. xiiii. 44. C/ESAR, Id. xlvi. 47. and PRlNCK, (Princeps Se- natus) liii. 1. 'vhich they had formerly conferred, they added those of AUGUSTUS, {venerandus v. -abilis^ ab augury qu2LSi inair^uraf us yc]con.secratus ; \dtoq\\e Diiscarus ; cultu divino nfficiendus, «-e,3«5-««; Pausan. ill. 1 \.ye\?ihaugeo; qr.em su:> Jiipiter««,^(?f ope, Ovid. Fast. i. 612. Suet. Aug. 7.) Dio, liii. 16. and Father of his country .^(P at ^r Patriae), aSz/c?. 58. Ovid. Fast. ii. 127. Pont. iv. 9. idt. Prist, iv. 4, 13, &c. This tide had been first given to Cicero by the senate, after his suppression of Catiline's conspiracy ; Roma patrem: PATRi^ CicERONEM LIBERA DIXIT, Juvenal. viii, 244. Plin. vii. 30. by the advice of C;.to, Appian. B, civ. ii. 431" Plut. in Cic. or of Catulus, as Cicero himself says. Pis. 3. It was next decreed to Julius Cae-iir, Suet. 76. Dio. xliv. 4. and some of his coins are still extant with that inscription. Cicero proposed that it should be given to Augustus, when yet very young, Phil. xiii. 11. It Vv'as refused by Tiberius, Suet. 67. as also the title of Imperator, Id. 26. and Do- minus, 37. Dio. Iviii. 2. but most of the succeeding em- perors accepted it, Pacit. Ann. xi. 25. The title ofPATER PATRIAE denoted chiefly the pa- ternal iffection which it became the emperors to entertain to- V/ards their subjects ; and also that power, which by the Ro- 182 ROMAN ANTIQUITIES. man law, a father had over his children, Dio, liii. 18. Senec. Clem. i. 14. C^SAR was properly a family tide, Bio, ibid. Suet. Galb. 1. According to Dio, it also denoted power, xliii. 44. In la- ter times, it signified the person destined to succeed to the empire, or assumed into a share of the government, during the life of the emperor, who himself was always called Augus- tus, Spartian. in ^lio Fero, 2. which was a title of splen- dor and dignity, but not of power, Dio. liii. 18. Augustus is said to have first desired the name of Romu- lus, that he might be considered as a second founder of the city ; but perceiving that thus he should be suspected of aiming at sovereignty, he dropt all thoughts of it, Dio. liii. 16. and accepted the title of Augustus, the proposer of wl lich in the senate was Munatius Plancus, Suet. Aug. 7. Fell. ii. 91. Servius says, that Virgil, in allusion to this desire of Augustus, describes him under the name of Quirinus, Mn. i. 296. G. iii. 27. The chief title, which denoted command, was IMPERA- T OR, Dto. xliii. 44. By this the successors of Augustus were peculiarly distinguished. It was equivalent to Rex, Dio. liii. 17. In modern times it is reckoned superior. The title of Imperator, however, continued to be conferred on victorious generals as formerly ; but chiefly on the Em- perors themselves, as all generals were supposed to act under their auspices, Horat. Od. iv. 14- 32. Ovid. Trist. ii. 173. Under the republic the appellation of Imperator was put af- ter the name ; asCICERO liMPERATOR, Cic. Ep. pas- sim ; but the title of the emperors usually before, as a pra- nomen^ Suet. Tib. 26. Thus the following words are inscrib- ed on an ancient stone, found at Ancyra, now Angouri,(z« la- pide Ancyrand)^ in Asia Minor : Imp. C^sar. Divi. F. Aug. Pont. Max. Cos. XIV. Imp. XX. Tribunic. Potest. XXXVIII. — The Emperor Ccesar^ the adopted son <7/'(Julius Caesar, called) Divus, (after his deification) ; Augustus the high-priest, (an ofiice which he assumed after the death of Lepidus, A. U. 741, Dio. liv. 21-) fourteen times Consul^ twenty times (saluted) Imperator (on account of his victories). Dio says, he obtained this honour in all 21 times, Iii. 41. Thus Tacitus, JVomen imperatoris se- Re-establishment of Monarchy, £:iV. 183 melatque vicies partum, (Ann. i. 9.) in the 3Sfh year of his tribuni cum power, (from the time when he w us first invested with it by the senate, A. U. 724, Dio. li. 19.) So that this inscription was made above five years before his death. The night after C ?esar was called Augustus, the Tiber happened to overflow its banks, so as to render all the level parts of Rome navigable, Dio. liii. 20. Tacit. Annul. \. 76. to which Horace is supposed to allude, Od. i. 2. This event was thought to prognosticate his future greatness. Among the various expressions of flattery then used to the emperor, that of Pncuvius, a tribune of the commons, was remarka- ble ; who in the senate devoted himself to Caesar, after the manner of the Spaniai'ds, /^cA il/aa::. ii. 6.11. and Gauls (Devotos illi soLDURios appellant^ Caes. Bell. Gall. iii. 22.) and exhorted the rest of the senators to do the same. Being checked by Augustus, he rushed forth to the people, and compelled many to imitate his example. Whence it became a custom for the senators when they congratulated any emperor, on his accession to the empire, to say, that they were devoted to his service, Dio. ibid. Macrobius informs us, that it was by means of this tri- bune, (Pacuvio tribuno plebem rogante,) that an order of the \)QOY>\^{plebieir government. Dio. Ivii. 8. lix. 4. In his lodging and equipage he differed little from an ordinary citi- zen of distinguished rank, except being attended by his prae- torian guards. But after he had gained the soldiers by dona- nves, the people by a distribution of grain, and the whol^ Re-establishment of Monarchy, ^c. 187 body of citizens by the sweetness of repose, he gradually in- crease'I his authority, Onsurgcre patdatim), and engrossed all the powers of the state, (munia senatus, magistratuum, legum in se transftrre). Tacit. Ann. i. 2. Such (*f the nobi- lity as were most compliant, iquanto fjuis servitio prompt tior), were raised to wealth and preferments. HaA'ing tl^c command of the army and treasury', he could do every thing. For althougii he pretended to separate his own revenues from those of the state, yet both were disposed of equally at his pleasure, Dio. liii. 16. The long reign and artfulconduct of Augustus, so habitu- ated the Romans to subjection, that they never afterwards so much as made one general effort to regain their liberty, nor even to mitigate the rigour of tyranny. In consequence of ivhich, their character became more and more degenerate. After being deprived of the right of voting, they lost all con- cern about public affairs ; and were only anxious, says Juve- nal, about two things, bread and games, (Panem et Cir- ce nses, i. e. largesses and spectacles), Juvenal, x. 80. Hence from this period their history is less interestiiig, idid, as Dio observes, less authentic ; because, when every thing was done by the will of the prince or of his favourites and freedmen, the springs of action were less known than under tlie republic, Dio. liii. 10. It is surprising, that although the Romans at different times were governed by princes of the most excellent dispositions, and of the soundest judgment, who had seen the woful effects of wicked men being invest- ed with unlimited power, yet none of them seem ever to have thought of new-modelling the govermhent, and of providing an effectual check against the future commission of similar enormities. Whether they thought it impracticable, or wish- ed to transmit to their successors unimpaired, the samepovv- ers which they had received ; or from what other cause we know not. It is at least certain thai no history of any peo- ple shows more clearly the pernicious effects of an arbitrary and elective monarchy, on the character and happiness of both prince and people, than that of the ancient Romans. Their change of government was indeed the natural conse- quence of that success with which their lust of conquest was ^|:tended. For the force employed to enslave other nations, 188 ROMAN ANTIQUITIES, being turned against themselves, served at first to accora^^' plish, and afterwards to perpetuate their own servitude. And it is remarkable, that the nobility of Rome, whose rapacity and corruption had so much contributed to the loss of liber^ ty, were the principal sufferers by this change ; for on them, those savage monstcrsj who succeeded Augustus, chiefly ex- ercised their cruelty. Thebulkofthe people, and particularly the provinces, were not more oppressed than they had been under the republic : Thus Tacitus observes, JVeque provin'^ cits ilium reru7n statum abnuebant^ suspecto senatus populu que imperio ob certamina potentiuniy et avaritiam magistra- tuum ; invahdo legum auxilia, qucc vi^ amhitu^ postremo pe-f cuma tiirbabantur^ Annal. i. 12. PUBLIC SERVANTS OF THE MAGISTRATES. n|^HE public servants {ministri) of the magistrates were -*- called by the common name of APPARITORES, Liv. i. 8. because they were at hand to execute their com- mands, {quod lis apparebant, i. e. prcssto erant adobsequium^ Serv. ad Virg. ULn. xii. 850.) and their service or attend- ance, APPARiTio, Cic. Fam. xiii. 54. These were, X. SCRIBiE, Notaries or clerks who wrote out the pub- lic accounts, the laws, and all the proceedings {acta) of the magistrates. Those who exercised that office were said scriptum facere, Liv. ix. 46. Cell. vi. 9. {rora scrip tus -us., They were deno^minated from the magistrates whom they attended ; thus, Scribsd quiestorii^ eedihtii^ pnetori^ &c. and were divided into different dtcuria" ; whence decuriam erne-' re^ for munus s^riba emere^ Cic, Verr. iii. 79. This office was more honourable among the Greeks than the Romans, Nep, Eum. 1. The scriba at Rome however were generally composed of free-born citizens ; and they became so re- spectable, that their order is called by Cicero honestus {quod mrumfidei tabulfe public ^^ periculaque magistratuum com- mittunturj^ Cic. Ven*. iii. 79. Tliere were also actuarii or notarii^ who took down in short hand what was said or done, (notis excipiebant)^ Suet. Jul. 55. These were different from the scriba^ and were commonly slaves or freed-men, Dio. Iv. 7. The scriba were also called librarii, Festas. But librarii is usually put for. Public Servants, ^c. 180 those who transcribed books, Cic. .Ut. xii. 6. Suet^ Domit, 10. for which purpost the wealthy Romans, who had a taste for literature, sometimes kept several slaves, Nep. Alt. 13. The method of writing short- hand is said to ha\ e been in- vented by Mzecenas, Dio, Iv. 7. according to Isidore, by Tiro, the favourite slave and freedman of Cicero, Isid, i. 22. Sencc. Ev. 90. 11. PKiECONES, heralds or public criers, who were employed for various purposes : 1. In all public assemblies they ordered silence, {silenti- um indicebant \ i:\imperabant: Kxsurge, pr/Eco, fac po- PULO AUDiENTiAM, Flaut. FcETi. pvoL 11.) by saying, SiLETE vel tacete; and in sacred rites by a solemn form, Favete linguis, Horat. Od. iii. 1. Ore favete o M N e s , Firg. jEn. v. 7 1 . Hence sacrum silentium for ilrate, wascaUed iUiOXIMUS LlCl'OR, Liv- ibid. Sallust' Jug- 12. or Fostremiis, Cic. Divin. i. :28. i. e. the jliieflictor, sum/nus lictor, who used to receive and ex-' ecute the commands of the magistrate. The office of the lictors was, 1. To remove the cro\\ d, (iit turbam swnvioverent)., Liv- iii. 11. 48. viii. ^2). Hor. Od. ii. 16. 10. by saying, Ckdite, CoysuL VENiT ; date viam; vel locum consuli; si ViBIS VIDETUll, DISCEDITE, QuiilITES, Llv. ii. 5Q>. OX sOiite such words, {iolennis ilh lictorum et prenuncius cla- i mor^ Plin. Pan. 61.) whence x\\q lictoris c^MedsittJimotoradi- tus, Liv. xlv. 29. This sometimes occasioned a good deal of noise and bustle, Liv. passim. When the magistrate re- turned home, a lictor knocked at the door with his rod, (/b- r^w, uti mos est, virga percussit), Liv. vi. 34. which he al- so did, when the magistrate went to any other house, Plin, vii. :30. *. 31. 2. To see that proper respect was paid to the magistrates, (ANIMAD VERTERE, ut debitus honos iis redderetur)^ Suet. Jul. 80. What this respect was, Seneca informs us, Mpist. 64. namely, dismounting from horseback, uncovering the held, going out of the way, and also rising up to them, &c. Suet. Jul. 78. 3. To inflict punishment on those who were condemned, which they were ordered to do in various forms ; I, Lictor, coLLiGA MANUs ; 1, Caput obnube hujus ; Arbori INFELICI SUSPENDE ; VeRBERATO VEL INTRA POM^- RiuM vel extra pom^rium, Liv. i. 26. I, Lictor, de- j.iGA AD PALUM. Id. viii. 7. Accede, Lictor, virgas ET secures expedi. Id. viii. 32. In eum lege age, i.e. securi, percute, vei./m, xxvi. 16. The lictors were usually taken from the lowest of the com- mon people, Liv. ii. 55. and often were the freedmen of him on wiiom they attended. They were different from the pub- lic slaves, who waited on the magistrates, Cic. in Ferr. i. 26. IV. ACCENSl. These seem to have had their name from summoning (ab accicndo) the people to an assembly, 192 ROMAN ANTIQUITIES. and those who had law-suits to court, {in jus J. One of theta attended on the consul who had not the fasces, Suet. JuL 20. Liv. iii. 33. Before the invention of clocks, one of them called out to the preetor in court when it was the third hour, or nine o'clock, before noon ; when it was mid-day, and the ninth hour, or three o'clock afternoon, Farro de Lat- ling- v» 9. Flin- vii- 60- They were commonly the freedmen of the magistrate on whom they attended ; at least in ancient times, Cic- ad Fratr- i. 1. 4. The Accensi were also an order of soldiers, called Supernumerarit, because not included in the legion, Feget' ii- 19- Ascon- in Cic- Verr- i- 28- hiv- viii- 8, £sP 10. V- VIATORES- These were properly the officers who attended on the tribunes, Liv- ii- 56- and aediles, xxx. 39^ Anciently they used to summon the senators from the doun^ try where they usually resided ; whence they had their name, {quods'^pe in via essent)^ Cic. de Sen. 16- Columell. Prsf. 1- VL CARNIFEX* The public executioner or hangman, who executed {supplicio afficiebat) slaves, and persons of the lowest rank ; for slaves and freedmen were punished in a manner different from free-born citizens, TaciuAnnal iii. 50- The carnifex was of servile condition, and held in such con- tempt, that he was not permitted to reside within the city, Cic. pro Rabir 5. but lived without the Porta Metia^ or £squiiina. Plant- Pseud- i. 3- v- 98 near the place destined for the punishment of slaves, (juxta locutn servdi^us p^nis ^epositum, Tac- Annal xv- 60 ii- 32-) called Scstertium, Plutarch- in Galb- where were erected crosses, and gibbets, icruces et patibula^ Tac- Annal. xiv- 33-) and where also the bodies of slaves v/ere burnt, Plant. Cas. ii. 6. v. 2. or thrown out unburied, Hor. Epod. v. 99. Some think that the carnifex was anciently keeper of the prison under the Triumviri capitales^ who had only the su- perintendence or care of it: hence trader e \fA traliere act carmficem^ to imprison, Plant. Rud. iii. 6. v. 19, LAWS OF THE ROMANS. npHE laws of any country are rules established by public -■- authority, and enforced by sanctions, to direct the con. duct; and secure die rights of its mhabitants. (LEXJw^^i Laws of the Romans. 193 ^njusiique re^ula, Sencc. de bcnef. iv. 12. Leg eg, quidaliud sunt, quavi minis mixta pracepta ? Id. Epist. 94.) The laws of Rome were ordained by the people, upon the application of a magistrate, {rogante magistratu). See p. 93, 97. The great foundation of Roman law or jurisprudence, {Bomani juris), was that collection of laws called the law, Liv. xxxiv. 6. or laws of the Twelve Tables, compiled by the decemviri^ and ratified by the people, (see p. 168.) a work, in the opinion of Cicero, superior to all the libraries of phi- losophers, (.omnibus omnium philosophorum bibliothecis ante- ponendum), de Orat. i. 44. Nothing now remains of these laws but scattered fragments. The unsettled state of the Roman government, the exten- sion of the empire, the increase of riches, and consequently of the number of crimes, with various other circumstances, gave occasion to a great many new laws, {corruptissima re- publica plurima leges. Tacit. Annal. iii. 27.) At first those ordinances only obtained the name of laws, which were made by the Comitia Centuriata, (POPULIS^. CITA), Tacit. Annal. iii. 58. but afterwards those also which were made by the Comitia Trihuta, (PLEBISCL TA), when they were made binding on the whole Roman people ; first by the Horatian law, {ut quod tributim plebes jussisset^populum teneret), Liv. iii. 55. and afterwards more precisely by the Publilian and Hortensian laws, {ut plebis- eita OMNES QUIRITES tenerent), Liv. vili. 12. Epit. xi. Plin. xvi. 10. s. 15. Gell. xv. 27. The different laws are distinguished by the name, (no- men gentis) of the persons who proposed them, and by thei subject to which they refer. Any order of the people was called LEX, whether it re- spected the public, ijus publicum vel sacrum'), tlie right of private persons, (jus privatum vel civile), or the particular interest of an individual. But this last was properly called PRIVILEGIUM, Gell. x. 20. Ascon. in Cic. pro Mil The laws proposed by a consul were called CONSULA- RES, Cic. Sext. 64. by a tribune, TRlBUNITIiE, Cic. in RulL n. 8. by the decemviri, DECEMVIRALKS. Liv- iii. $5, 56, & 57. Dd 194 ROMAN ANTIQUITIES. DIFFERENT SIGNIFICATIONS OF JUS ANI> LEX, AND THE DIFFERENT SPECIES OF THE ROM AN LAW. THE words, /?/5 and Lex, are used in various senses. They are both expressed by the English word LAW. Jus properly implies what is just and right in itself, or what from any cause is binding upon us, Cic. de Qffic. iii. 21. Lex is a written statute or ordinance : (Lex, qua scrip.' to sancit, quod vult^autjuhendoyautvetando, Cic. de legg. i. 6. clegEndo, quod legi solely ut innotescat, Varro de Lat. Ling. v. 7. legere leges propositus jussere, Liv. iii. 34- vel a delectu, Cic. de legg. i. 6. ajusto etjure legendo.. i. e. io/Mi, a suum cuique tribuendo. Id. i. 6.) Jus is properly what the law ordains, or the obligation which it imposes ; {est enim JUS quod LEX constituit. That is law J or, That is binding, which the law ordains, Cic. de legg. i. 15. ad Herenn. i\. 13.) Or, according to the Twelve Tables, Quo dcun^jje populus jussit, id jus EsTo, Liv. vii. 17. ix. ^2t. cj^uod major pars judica- HIT, ID JUS RATUMqUE ESTO, ClC. ^Mijus and lex have a different meaning, according to the words with which they are joined : thus. Jus NATURE vel istaturale, is what nature or right reason teaches to be right ; and 7?« gentium, what all na- tions esteem to be right ; both commonly reckoned the same, Cic. Sext. 42. Harusp. resp, 14. Jus civium vel civile, is what the inhabitants of a par- ticular country esteem to be right, either by nature, custom, or statute, Cic. Topic, 5. Of. iii. 16. 17. de Orat. i. 48. Hence constituere jus, quo omnes utantur, pro Dom. cui subjecti sint, pro Ca3cin. So jus Romanum, AngUcum, &c. When no word is added to restrict it, j us civile is put for the civil law of the Romans. Cicero sometimes opposes jus civile to jus naturale, Sext. 42. and sometimes to what we call Criminal law, ij us publicum) ^ Verr. i. 42. Caecin. 2. inCsecil. 5. Jus COMMUNE, what is held to be right among men in ge- Laws of the Romans. 195 rtera), or among the inhabitants of anj' country, C'lc. Ccec'itu 4. Digest, et Institute Jus PUBLICUM ft PRIVATUM, what is right with respect to th people, {quasi Jus fjofjulicum), or tlie public at large, an*l with respect to individuals ; pohtical and civil law, Lrv. iii. 34. Cw. Fam. iv- 14- Phn Epist- i- 22- But 7^/.? puhlicum is also put for the right which the citizens in com- mon enjoyed, (Jus commune), Tercnt- Phorm- ii- 2- 65- Jus Senatorium, {\)2lX^ juris p/z/V?/-?'), what related to the rights and customs of the senate ; u hat was the power of those who might make a motion in the senate, {qute po- testas r.fferentibus) ^{■6Qt ^' 13-) what the privilege of those, who delivered tiieir opniion, {quid censentihus jus) ; what the power of the magistrates, and the rights of the rest of the members, &:c. Plin. Ep. viii. 14. Jus DiviNUMe^iruMANUM, what is right with respect to things divine and human, Liv. i. 18. xxxix. 16. Tacit. An^- nal. iii. 26. 70. vi. 26. Hence /u.? et jura sifiunt, law^ di- vine and human, Plrg. G. i. 269. Contra jus fasque^ Sail. Cat. IS. Jus fasquf exuere^ Tacit. Hist. iii. 5. Omnejus et fas delete^ Cic. Qiio jure^ quave injuria, right or urong, Terent. And. i. 3. 9. Per fas et nr^faa^ Liv. vi. 14. Jus et injuria. Sail. Jug. 16. Jure fieri., Jure cccsus, Suet. Jul. 76. Jus PiitEtgrium, what the edicts of the prre tor ordained to be riKht, Oc. de Offic. i. 10. Ver. i. 44. Jus HONORARIUM. See p. 131. Jus Flavian um, JE,li a n um, kc. the books of law com- posed by Flavius,Z/zi;. ix. 46. /Elius, &c. Urb a num, i. e. CIVILE privatum, ex quo jus dicit prt^tor urbaniis., Cic, Verr. Act. i. 1. Jus PRiEDiATORiuM. The law observed with respect to the goods (/jr^. 9. E^isf. ii.l. 103. for their cjate was open to all, icunctisjanua patebut, Tibull. i. 4. 78») and the house of an Eminent lawyer was as it were the ora- cle of the whole city, Cic. de Orat. i. 45. Hence Cicero calls their power Recnum judiciale. Aft. i. I. Tiie lawyer gave his answers from an elevated seat, {ex solio, tanquam ex tripode), Cic. de legg. 1. 3. Orat. ii. 33. iii. 33. The client coming up to him said, Licet coNStJ- LERE '? Cic. pro Mur. 13. The la\vyer answered. Consu- me. Then the matter was proposed, and an answer returned very shortly ; thus, Qu.^ro an existimes ? vel, Id jus EST NEC NE ? SECtJNDUM EA, <^U^ PROPONUNTUR, ExisTiMO, PLACET, vvTO^Horat. Sut.\i.3. 192. Lawyers gave their opinions either by word of mouth, or in writing; commonly without any reason annexed, Senec. Epist. 94, but not always. Sometimes in difficult cases, the lawyers used to meet near the temple of Apollo in the Forum, Juvenal, i. 128. and af- ter deliberating together, (which was called DISPUTATIO FORI), they pronounced a joint opinion. Hence what was determined by the lawyers, and adopted by custom, was ealkd Recepta sententia, Receptum jus, Recep- Tus Mos, post multas variationes receptum; and the rules observed in legal transactions by their consent, were called Regul/Ejuris. When the la-.vs or edicts of the pr?etor seemed defective, the lawyers supplied what was wanting in both from natural equity ; and their opinions in process of time obtained the authority of laws. Hence lawyers were called not only in- t^rpretes, but also CONDITORES et AUCTORES JU^ RiS, Digest, and their opinions, JUS CIVILE, Cic. pro, deem. 24. de ojfic. iii. 16. opposed to leges, Caecin. 26. Cicero compiams that many excellent institutions had been perverted by the refinements of lav/yers, pro Mur. 12, Under the republic, any one that pleased might profesb to give advice about matters of law ; but at first this was only 'Ml ROMAN ANTIQUITIES. done by persons of the highest rank, and such as were dis^ tinguished by their superior knowledge and wisdom. By the Cincian law,' lawyers were prohibited from taking f^^s or presents from those who consulted them ; hence, turpc reos EMPTA miseros defender e lingua. Ovid. Airior. i. 10, 39. which rendered the profession of jurisprudence high- ly respectable, as being undertaken by men of rank and learn- ing, not from the love of gain, but from a desire of assisting their fellow-citizens, and through their favour of rising to preferments. Augustus enforced this law by ordaining tliat those who transgressed it should restore fourfold, Dio. liv. 18. Under the Emperors lawyers were permitted to take fees, (HONORARIUM, certam justamque merctdem^ Suet, Ner. 17.) from their clients ; but not above a certain Sum, {.capiendis pecuniis posuit modum (sc. Claudius) usque ad dena sestertta, Tac. Annal. xi- 7.) and after the business was done, (Feractis negGtiispermittebatpecunias duntaxat decern millium dare, Plin. Epist. v. 21.) Thus the ancient connection between patrons and clients fell into disuse, and every thing was done for hire. Persons of the lowest rank sometimes assumed the profession of lawyers, Juvenal, viii. 47. pleadings became venal, {.venire advocationes) advocates made a shameful trade of their function by fomenting law- suits, {in lites coire) ; and, instead of honour, which was formerly their only reward, lived upon the spoils of their fellow- citizens, from whom they received large and annual salaries, Pliii. Ep. v. 14. Various edicts (edtcta, libri, vel libelli), were published by the emperors to check this corruption, ibid, also decrees of the senate, Id. v. 21. but these were artfully eluded. Lawyers were consulted, not only by private persons, but also (in consiliu7n\adhibebantur^ vel assumebantur) by magis- trates and judges, Cic. Top. 17. Munsn. 13. decin. 24. GelL xiii- 13. Plin. Ep. iv. 22. vi. 11. and a certain number of them attended every proconsul and proprietor to his pro- vince. Augustus granted the liberty of answering in questions of law only to particular persons, and restricted the judges not to deviate from their opinion, /. 2.}i ult. D. de orig. jur. Laws of the Romans. 203 that thus he might bend the laws, and make them subservi- cnt to despotism. His successors, (except Caligula, Suet, 34.) imitated this example; till Adrian restored to law- yers their ff)rmer liberty, Di^. ibid, which tJiey are supposed to have retained to the time of Severn s. What alterations after that took place, are not sufficiently ascertained. Of the lawyers who flourished under the emperors, the mo..t r-markable were M. ANTISTIUS LABEO, (iii- corriiptie hbertafis vir. Tacit. Aimal. iii. 75. Gell. xiii. 12.) and C. ATETUS CAPITO (cujus obsequiwn domi- nantibus magis probabatur. Tacit, ibid.) under Augustus ; anri these two, from their different characters and opinions, gave rise to various sects of lawyers alter them : CASSIUS, under Claudius, Cassian^ schola princeps)^ Plin. Ep. vii. 24, ; SALVIUS JULIANUS, under Hadrian ; POM- PONIUS, under Julian; CAIUS, under the Antonines; PAPINIANUS, under Severus; ULPI ANUS and PAU- LUS, under Alexander Severus; HERMOGENES, un. der Constantine, &c. Under the republic, young men who intended to devote themselves to the study of jurisprudence, after finishing the usual studies of grammar, Grecian literature, and philoso- phy, (Gc. in Brut. 80. Off. i. 1. Suet, de clar. Rhet. 1. 8c 2. studia liberalia v. humanitatis, Plutarch, in Lu- cull, princ.) usually attached themselves to some eminent lawyer, as Cicero did to Q. Mucius Sca^vola, Cic. deAmic 1. whom they always attended, that they might derive know- ledge from his experience and conversatioji. For these il- lustrious men did not open schools for teaching law, as the lawyers afterwards did under the emperors, whose scholars were called AUDITORES, Senec Contr. 25. The writings of several of these lawyers came to be as much respected in courts of justice (usu fori), as the laws themselves, /. 2. ^ 3$. D. de orip^. juris. But this happened only by tacit consent. Those laws only had a binding force, which were solemnly enacted by the whole Roman people assembled in the Comitia- Of these, the following- are die chief. 204 ROMAN ANTIQUITIES. LAWS OF THE ROMANS MADE AT DIFFER^ ENT TIMES, J^EX ACILI A, 1. About transporting colonies, (,de colo-^ mis dediicendis)^ by the tribune C. Acilius, A. U. 556, JLiv. xxxiii. 29. 2. About extortion, (r/. Seep. 113. Lex ANTIA Sumptuana, by AntiusRcstio, the year un- certain ; limiting the expence of entertainments, and ordain- ing that no actual magistrate, or magistrate elect, should go any where to sup but with particular persons, Gell. ii. 24. Antius seeing his wholesome regulations insufficient to check the luxury of the times, never after supped abroad, that he might not witness the violation of his own law, Macrob. ii. 13. Leges ANTONIiE, proposed by Antony after the death of Cassar, about abolishing the office of dictator, confirming the acts of Caesar,(AcTA Caesar is), planting colonies, giv- ing away kingdoms and provinces, granting leagues and im- munities, admitting officers in the army among jurymen ; allowing thoSe condemned for violence and crinies against the state to appeal to the people, which Cicero calls the des- truction of ail laws, &c. Cic. Pldl. \. 1. 9. ii. 3, 36, 37, 38, V. 34. xiii. 3, 5. Att. xiv. 12. Die. Cass. xiv. 28. Appian. de bell. civ. iii. transferring the right of choosing priests from the people to the different colleges, Dio. xliv. fin. &c. Leges APPULEI^, proposed by L. Appuleius Saturni- nus, A. 653, tribune of the commons ; iibou- dividing the public lands among the veteran soldieis, AureL Vict, de vir. illustr. 73. settUng colonies, Cic. pra Balb. 21. punishing \ 206 ROMAN ANTIQUITIES. crimes against the state, {de fjiajestate), Cic. de orat. ii. 25, 49. furnishing corn to the poor people, at tt of an aw, a bushel, (semisse et trientey i. e- dextante vel decunce : See Leges Sempronice)^, Cic- ad Herenn- i« 12. de Legg. ii. 6. Saturninus also gota law passed, that all the senators should be obliged, within five days, to approve upon oath of what the people enacted, under the penalty of a heavy fine ; and the virtuous Metellus Numidicus was banished, because he alone would not comply, (quod in legem vi latamjurare nol- let), Cic. pro Sext. 16. Dom. 31. Cluent. 35. Victor de Vir. illust. 62. But Saturninus himself was soon after slain for passing these laws by the command of iVIarius, who had at first encouraged him to propose them, Cic. pro Rabir. perd, 7. 11. and who by his artifice had effected the banishment of iVfeteilus, Plutarch, in Mar, Appian. de Bell. Ctv. i. 367. X(?x AQUILI A, A. U. 672, about hurt wrongfully done, (rfe damno injwia data) Cic in Bruto, 34. Another A. U. 687, {de dolomalo), Cic. de Nat. Deor. iii. 30. Off. iii. 14. Lex ATERIA TARPEIA, A. U. 300, that all magis- trates might fine those who violated their authority, but not above two oxen and thirty sheep, Dionys. x. 50. After the Romans began to vise coined money, an ox was estimated at 100 asses., and a sheep at ten, Festus in peculatus. Lex ATI A, by a tribune, A. U. 690, repealing the Cor- nelian law, and restoring the Domitian, in the election of priests, Dio. xxxvii. 37. Lex ATILIA de dedititiis A. U. 543, Liv. xxvi. 53. Another de tutoribus., A. U. 443, That guardians should be appointed for orphans and women, by the przetor and a ma- jority of the tribunes, £//j5?an. m Fragm. Liv. xxxix. 9, See p. 67. Another, A. U. 443, That sixteen military tribunes should be created by the people for four legions ; that is, two thirds of the whole. For in four legions, the number which then used annually to be raised, there were twenty-four tri- bunes, six in each : of whom by this law four were appoint- ed by the people, and two by the consuls. Those chosen by the people were called COMITIATI ; by the consuls, RU- TILI or RUFULI. At first they seem to have been all no- ■minated by the kings, consuls, or dictators, till tlie year 393., Laws of the Romans. 207 when the people assumed the right of annually appointing six, Liv. vii. 5. ix. 30. Ascon. in Cic. At'tenvards the man- ner of choosing them varied. Sometimes the pe(>ple created the whole, sometimes only a p:irt. But as diey, through in- terest, often appointed improper persons, the choice was sometimes left, especiiilly in dangerous juiictures, entirely to the consuls, Liv. xlii. 31. xHii. 12. xliv. 21. Lex ATINIA, A.U. 623, about m-iking the tribimes of the commons senators, Gc//, xiv. 8. Another, That the pro- perty of things stolen could not be acquired by possession, lusucapione) : The words of the law were. Quod surrep- TUM ERIT, EJUS iRTERNA AUCTORITAS ESTO. (ScCp. 59. Gel/, xvii. 7. Czc. in Ferr. i. 42. Lex AUFJDIA dpAmbitu, A. U. 692. It contained this singular clause, That if a candidate promised money to a tribe, and did not pay it, he should be excused ; but if he did pay it, he should be obliged to pay to every tribe a yearly fine of 3000 sestertii as long as he lived. Cic. Att, \. 16. XfX AURELIAjw^icarza, by L. Aurelius Cotta, praetor, A. U. 683, Th'-itjudices or jurymen should be chosen from the senators, EquiteSy and Trihimi jJLrarii. — The last were officers chosen from the plebeians, who kept and gave out the money for defraying the expences of the army, Ascon. in Cic, — Cic. pro Plane. 8. Att. i. 16. Festus. Another, by C. Aurelius Cotta, consul, A. U. 678, That those who had been tribimes might enjoy their offices, which had been prohibited by Sulla, Ascon. in Cic. Lex B/EBIA, A. U. 574, about the number of praetors. (See p- 134.) — Another against bribery, A. U. 571, Liv, xl. 19. ZexCiECILIA DIDIA,or et Didia, or Didia et Cecilia, A. U. 655, That laws should be promulgated for three mar- ket-days, and that several distinct things should not be in- cluded in the same law, which was caWed/erre per saturam, Cic. Att. ii. 9. Phil. v. 3. pro Dom. 20. Another against bribery, Cic. pro Suit. 22, 23. Another, A. U. 693, about exempting the city and Italy from taxes, Dio. xxxvii. 51. Lex CALPURNIA, A. U. 604, against extortion, by which law the first qiicestio p^rpetiia wa*? established. Cic. Ferr. iv. 25. Off. ii. 21. 208 ROMAN ANTIQUITIES. — — Another, called also Acilia^ concerjiing bribery, Al 686, Cic. pro Mur. 23. BruV 27. Sail Cat. 18- Lex CANULEIA, by a tribune, A. 309, about the in- termarriage of the patricians with the plebeians, Liv. iv. 6. Lex CASSIA, That those whom the people condemned should be excluded from the senate, i/^^row. m Cic. pro Ctrn» Another about supplying the senate, Tacit, xi. 25. Another, That the people should vote by ballot, &c. See p. 99. Lex CASSIA TERENTIA Friimentana, by the Con= suls C. Cassius and M. Terentius, A. 680, ordaining, as it is thought, that five bushels of corn should be given monthly to each of the poorer citizens, which was not more than the allowance of slaves, Sallust.hist.fragm.{p. 974. ed. Cortii), and that money should be annually advanced from the trea- sury for purchasing 800,000 bushels of wheat, (Triticiim- PERATij, at four sestertii a bushel ; and a second tenth p^rt (aiterasdecumas), (see p. 76.) at three sestertii a bushel (.pro DEcuMANo), Cic. Ferr. iii. 70- This corn was given to the poor people, by the Semproni- an law, at a semis and triens a bushel ; and by the Clodian law, gratis. In the time of Augustus, we read that 200,000 received corn from the public, Die. Iv. 10. Suet. Au°:. 40. 42. Julius Ccesar reduced them from 320,000 to 150,000, Suet. Jul. 41. Lex CENTURIATA, thenameof every ordinance made by the Comitia Centuriata^ Cic. in Ruil. ii. 11. Lex CINCIA de donis et mwieribus^ hence called MU- NERALIS, Plaiit. apud Festum., by Cincius a tribune, A» 549, That no one should take money or a present for plead- ing a cause, Cic. de Seriect. 4. de Qrat. ii. 7. Att. i. 20. la^ cit. Ann. xi. 5. Liv. xxxiv. 4. Lex CLAUDIA de 7iavibus^ A. 5o5^ That a senator should not have a vessel above a certain burden, (see p. 6.) A clause is supposed to have been added to this law, prohi- biting the qucestor's clerks from trading, Suet. Dom. 9. Another by Claudius the consul, at the request ct the al- lies, A. 573, That the alhes, and those of tiie Latin name, should leave Rome, and return to tlieir own cities. Accord- ing to this law the consul made an edict ; v.nC\ a decree of the .senate was added. That for the future no person should bs L A U .. .y the Ro M A -\ o . J^Of' manumitted, unless both master and slave swore, thnt he was not manumitted for the sake of changing his city. For the allies used to give their children as slaves to any Roman citi- zen on condition of their being manumitted, iut Hbertird cives essent) Liv. xli. 8, Sc 9. Cic. pro Balb. 23. by the Emperor Claudius, That usurers should not lend money to minors, to be paid after the death of their pa- rents, Tacit. Ann. xi. 13- supposed to be the same with what, was called §enatus-consultum Macedonianum, Ul- plan, enforced by Vespasian, Suet, 11. To this crime Ho- race alludes, Sat. i. 2. v. 14- by the consul Marcellus, 703, That no one should be allowed to stand candidate for an office while absent ; thus, taking from Cresar the privilege granted him by the Pompeian law ; {Ccesari privilegium eripiens vel benefia- um populi adimens) ; also, That the freedom of the city should be taken from the colony of Novumcomum, which Ctesar had planted, Suet. Jul. 28. Cic. Fam. xiii. "^S. Leges CLODIi^, by the tribune P. Clodius, A. 695. 1 . That the corn which had been distributed to the people for six asses and a triens the bushel, should be given gratis, Cic. pro Sext. 25. Ascon. in Cic. See. p. 208. 2. That the censors should not expel from the se- nate, or inflict any mark of infamy, on any man who was not first openly accused and condemned by their joint sentence, Cic. ibid. — in Pis. 5. Dio. xxxviii. 13. 3. That no one should take the auspices, or observe the heavens, when the people were assembled on public bu- siness ; and, in short, that the iElian and Fusian laws should be abrogated. (See p. 96.) Cic, Vat. 6. 7. 9. Sext. 15. 26. Prov. Cons. 19. Ascon. in Pis. 4. 4. That the old companies or fraternities {.collegia} of artificers in the city, which the senate had abolished^ should be restored, and new ones instituted, Cic. in Pis. 4. Suet. Jul. 42. These laws were intended to pave the vf«y for the follow- ing : 5. That whoever had taken the life of a citizen un- condemned, and without a trial, should be prohibited from fire and \vater ; by which law, Cicero, although not named, F f /: ^XlO ROMAN ANTIQUITIES. Was plainly pointed at ; Fdl. ii. 45. and soon after, by means of a hired mob, hi.-^ banishment w us expressly decreed by a second law, Cic. pro ^Dom. 18, 19, 20. po&t. red. in sen. 2. Cicero had engaged Ninius a tribune to oppose these laws, but was prevented from using his assistance, by the artful conduct of Clodius,/)zo.xxxviii.l5. and Pompey, on whose protc ction he had reason to rely, betrayed Hivii^ibid. 17. Plu- tarch.—~Cic. Att. X. 4. Csesar, who was then without the w.iiis with his army, ready to set out for his province of Gaul, C'fFcred to irAake him one of his lieutenants ; but this, by ihe advice of Podipey, he declined, Z)io. xxxviii. 15. Crassus, although secretly inimical to Cicero, ibid, yet at the persuasion of his son, who was a great admirer of Cice- ro, Cw. Q.Jr. ii. 9. did not openly oppose him, Cic. Sext. 17, 18. But Clcdius declared that what he did was by the authorit3/'ofthe Triumviri, Cic. Sext. 16. 18. ; and the in- terposition of the senate and Equites, who, to the number of 20,000, changed their habit on Cicero^s account, Cic. post red. ad Quirit. 3. was rendered abortive by means of the consuls Piso, the father-in-law of Caesar, and Gabinius, the creature of Pompey, Cic. Sext. 11, 12, 13, &c. Cicero therefore, after several mean compliances, putting on the ha- bit of a criminal, Dio. xxxviii. 14. and even throwing him- self at the feet of Pompey, Cic. Att. x. 4. was at last obliged to leave the city, about the end of March, A. U. 695. He v/as prohibited from coming within 468 miles of Rome, un- der pain of death to himself, and to any peisl$|e[|tt^o enter- tained him, Cic. Att. iii. 4. Dio. xxxviii. l7. He tlierefore retired to Thessalonica in Macedonia, Cic. Plane- 41. Jled. in Senat. 14. His houses at Rome and in the coimtry were burnt, and his furniture plundered, ibid. 7. pro Dom. 24. Cicero did not support his exile with fortitude ; but shewed marks of dejection, and uttered expressions of grief, unwor- thy of his former character, P>\o. xxxviii. 18. Cic. Att. iii. 7, 8, 9, 10, 11, 13, 15, 19, &c. He was restored with great honour, through the influence of Pompey, by a very unani- mous decree of the senate, and by a law passed at the Comitia Centuriata, 4th August the next j'ear, Cic. Att, iv. 1. post red. ad Qiiir, 7. in Senat. 11. MU. 20. Pis* 15. Dio. xxxix^- Laws of the Romans- 211 8. Had Cicero displayed as much dignity and independence, after he had reach«.'d the summit of his ambition, as he did industry and intcgriry in aspiring to it, he needed not to have owed his safety to any one. 6. That the kingdom of Cyprus should be taken froni Ptoleaiy, and reduced into X\y:. form of a province, Cic. pro Dom. 8. Veil. ii. 45. the reason of which law was to punish that king for hiving refused Clodius money to pay hih ransom, when taken bv the pirates, and to remove Ca- to out of the way, by appointing hi\n to execute this order of the people, that he might not thwart the unjust proceed- ings of the tribune, nor the vicvs of rhr' frir/mviri, by whom Clodius was supported, C?c. pro Sext. 18. 28. Dom. 25. Dio. xxxviii. 30. xxxix. 22. 7. To reward the consuls Piso and Gabinius, who had fnvoured Clodius in his measures, the province of Macedonia and Greece was by the people given to the for- mer, and Syria to the latter, Cic. ibid. 10. 24. in Pis. 1^. 8. Another law was made by Clodius, to give relief to the private members of corporate to. vns,(mumcipmrum)y against the public injuries of their communities, Cic. *pro Dom. 30. 9. Another, to deprive the priest of Cybele, at Fes- sinus m Phrygiaof his office, Cic- Sext. 26. de resp. Ha- rusp- 13. Dtx COELIA tabellaria perdue llionis^ by Cceiius, a tri- bune. Svz-c p. 99. Leges CORNELLS, enacted by L. Cornelius Sylla, the dictator, A. 672- 1. De proscriptione et proscriptis^ against his ene- mies, and in favour of his i'riends. Sylla first introduced ihc method of proscription- Upon his return into the city, af- ter having conquered the pirty of Marius, he wrote down the names of those whom he doomed to die, and ordered them to be fixed up on tables in the public places of the city, witli the promise of a certain reward Cduo talenta) for the head of each person so proscribed. New li^ts {.tabuUe pro- scrip tionis) were repeatedly exposed, as new victims occur- red to his memory, or were suggested to ium. The first list contained the names of 40 senators and 1600 equites, Appi- ni^ KOMAN ANTIQjaiTlES. an. B. Civ. i. 409. Incredible numbers were massacred, hot only at Rome, but through all Italy, Bio. Fragm. 137. Whoever harboured or assisted a proscribed person, was put to death, Cic. in Verr. i. 47. The goods of the proscrib- ed were confiscated, Cic. pro Rose. A?ner, 43, 44. z« RulL iii. 3. and their children declared incapable of honours, VelL Pat. ii. 28. Cic. in Pis. 2. The lands and fortunes of the slain were divided among the friends of Sylla, Sallust. Cat. 51. who were allowed to enjoy preferments before the legal time, Cic. Acad- ii. 1- De MuNiciPiis, That the free towns which had joined Marius, should be deprived of their lands, and the right of citizens ; the last of which Cicero says could not be done, ( Q_ma jure Romano civiias nemini invito adi?ni po- terat), pro Dom. 30- Caecin. 33- Sylla being created dictator with extraordinary powers by L. Valerius Flaccus, the Interrex^ in an assembly of the people by centuries, Appian. B. civ. i- 411- and having there got ratified whatever he had done or should do, by a special law, (jsive Valeria, jzz;lDlAsjimptuaria, A. U. 610, limiting the expence ofentertainments and the number of guests : That the sump- tuary laws should be extended to all the Italians ; and not only the master of the feast, but also the guests, should in- cur a penalty for their oifence, Macrob. Sat. ii. 13. Lex DOMITIA de sacerdotiis, the author Cn. Domitius Ahenobarbus, a tribune, A- U- 650- That priests, (i- e. the pontijices^ augures^ and decemviri sacris faciendis)^ should not be chosen by the colleges, as formerly, but by the people, (see p- 106) Suet- Ner- 2- Cic- Rull ii- 7- The Fontifex Maximus and Curio Maximus were, in the first ages of the republic, always chosen by the people, Liv- xxv- 5- xxvii. 8. Lex DUILIA, by Duilius a tribune, A- 304, That who., ever left the people without tribunes, or created a magistrate from whom there was no appeal, should be scourged and beheaded, Liv- iii- 35- Lex DUILIA MtENIA de unciariofoenore, A 396, fix- ing the interest of money at one per cent. Liv. vii- 16 — A- nother, making it capital for one to call assemblies of the people at a distance from the cAiy, ibid- 214 ROiMAN ANTIQUITIES). Lex FABIA de plagio vel plagiariis, against kidnapping, er stealing away and retaining freemen or slaves, Cic- pro Rabir- perd, 3. ad Quinct- Fr- i- 2- The punishment at first was a fine, but afterwards to be sent to the mines ; and for buj'ing or selling a free-born citizen, death. Literary thieves, or those who stole the works of others, were also called Plagiarii, Martial, i. 53- Another, limiting the number oi Sectatores that at- tended candidates, when canvassing for any office. It was proposed, but did not pass, Cic.pro Muran. 34. The Sectatores, who always attended candidates, were distinguished from the Salutatores, who only waited on them at their houses in the morning, and then went away ; and from the Deductores, who also went down with them to the Forum and Campus M;irtius ; hence called by Mar- tial, Antambulones, ii. 18. Cic de pet. cons. See p. 92. Lex FALCIDIA testamentaria, A. 713, That the testa- tor should leave at least the fourth part of his fortune to the person whom he named his heir, Paul, ad leg- Falcid. — Dio. xlviii. 33. Lex FANNIA, A. 588, limiting theexpences of one day at festivals to 100 asses^ whence the law is called by Lucili- us, Ce N Tus SI s ; on ten other days every month, to thirty ; and on all other days, to ten asses : also, that no other fowl should be served up, {ne qiddvolucrium \e\volucre ponere- tur)^ except one hen, and that not fattened for the purpose, (qua von altilis esset), Gell. ii. 24- Macrob. Sat. ii. 13. (quod deinde caput translatum^ per omnes leges ambulavit^) Plin. X. 50. s. 71. i Lex FL AMINIA, A. 521. about dividing among the sol- diers the lands of Picenum, whence the Galli Senones had been expelled ; vvhich afterwards gave occasion to various wars, Polyh. ii. 21. Cic. Sen. 4. Lex FL AVI A agraria, the author L. Flavins, a tribune, A. 695, for the distribution of lands among Pompey's sol- diers ; which excited so great commotions, that the tribune, supported by Pompey, had the hardihood to commit the con- sul Metellus to prison for opposing it, Dio. Cass, xxxvii. 50. Cic.Att. i. 18, 19. ii. 1. Leges FRUMENTARIiE, laws for the distribution of La^vs of the Romans. 215 corn among the people, first at a Ion price, and then gratis ; the chief oi' which were the Sempronian, Apuleiaii, Casbian, Clodian, and Octavian laws. Ltx FUFIA. A. 692, That Clodius should be tried for violating the sacred rites of the Bona Dm, by the praetor, with a select bench of judges ; and not before the people, according to the decree of the senate, Cic. ad Att. i. 13, 14, 16. Thus by bribery he procured his acquittal, Dio. xxxvii. 46. Lex FULVIA, A. 628, about giving the freedom of the city to the Italian allies ; but it did not pass, Appian* de BelL Civ. I. 371. Fa I. Max, ix. 5. Lex FURIA, by Camillus the dictator, A. 385, about the creation of the curule aediles, Liv. vi. 42. Lex FURIA \t\ Ficsia, (for both are the same name, Liv. iii. 4. Quinctilian. i. 4. 13.) de testamentis^ That no one should leave by way of legacy more than 1000 assesy and that he who took more should pay fourfold, Cic- in Ferr- i. 42. pro Bulb. 8. Theophd- adinstit- ii. 22- By the law of the Twelve Tables, one might leave what legacies he pleased. Lex FURIA ATILIA, A. 617, about giving up Man- cinustothe Numantines, with whom he had made peace without the order of the people or senate, Cic, Off. iii. 30. Lex FUSIA de comttiis^ A. 694, by a praetor, That in the Covntia Tribiita the different kinds of people in each tribe, should vote separatel}', that thus the sentiments of every rank mi^ht be known, Dw. xxxviii. 8. Lex FUSIA vel Furia CANINIA, A. 751, limiting the number of slaves to be manumitted, in proportion to the whole number Vv^hich any one possessed ; from two to ten, the half ; from ten to thirty, the third ; from thirty to a hun- dred, the fourth part; but not above a hundred, whatever was the number, Fopisc. Tacit' 11. Paid. Sent. iv. 15. See p. 45, Leges GABINl^, by A. Gabinius a tribune, A. 685, That Pompey should get the command of the war against the pirates, with extraordinary powers, {cum impeno ex~ traordinario ) y Cic. pro leg. Manil. 17. Dio. xxxvi. 7. That the senate should attend to the hearing of embassies the whole month of February, Cic- ad Qjiinct. Fr. ii. 2. 13. That the people should gi>'e their votes by ballots, and not; ^16 ROMAN ANTIQUITIES. l^^M mva voce as formerly, in creating magistrates. (See p- 100-) That the people of the provinces should not be allowed to borrow money at Rome from one person to pay another, (versuramfacere), Cic. Att. v. 21. vi. 2. There is another Gabinian law, mentioned by Porcius Latro in his declamation against Catiline, which made it capital to hold clandestine assemblies in the city, c. 19. But this author is thought to be supposititious* See Cortius on Sallust It is certain, however, that the Romans were always care- ful to prevent the meetings of any large bodies of men, {he- t^ria), which they thought might be converted to the pur- poses of sedition, P/i'/i. Ep. X. 43. 94- On this account, Pli- ny informs Trajan, that according to his directions he had prohibited the assemblies of christians, Id- 97 76. Lex GELLIA CORNELIA, A- 681, confirming the right of citizens to those to whom Pompey, with the advice of his council, (de consilii sententia), had granted it, Cic- pro Balb. 8. 14. Ley GENUCIAjA. 411, That both consuls might be chosen from the plebeians, Liv- vii. 42 ; that usury should be prohibited ; that no one should enjoy the same office with- in ten years, nor be invested With two offices in one year, ibid. Lex GENUCIA iEMILIA, A. 390, about fixing a nail in the right side of the temple of Jupiter, Liv, vii. 3. Lex GL AUCIA, A- &53^ granting the right of judging to the Equites^ Cic- de clar- Orator. 62 — De repetundis. See Lex ServiliA' Lex GLICIA, de inofficioso testamento- See p. 64. Lex HIERONICiV, vel frumentaria^ Cic- Verr- ii- 13 containing the conditions on which the public lands of the Roman people in Sicily were possessed by the husbandmen- It had been prescribed by Hiero, tyrant of Syracuse, to his tenajits, {iis qui agros regis colerent)^ and was retained by the Praetor Rupilius, with the advice of his council, among the laws \vhich he gave to the Sicilians, when that country was reduced into the fiirm of a province, Cic. Verr. iii. 8. 10. Itresembled the regulation of the censors, (Leges Cen- sor i-*^,) in their leases and bargains, {in locationibus et pac^ Lav/3 of the Romans. 217 tionibuij^ and settled tlie manner of collecting and ascertain', ing tlic quantity of the tithes. Lex HIRTI A, A. 704- That the adherents of Pompey (Pompeiani) should be excluded from preferments, Cic, Phil. xiii. 16. Lex HORATIA, about rewarding Caia Tarratia, a ves- tal virgin, because she had presented tlie Roman people with the Campus Tibiirtinus^ ov Murtius; that she should be ad» mitted to give evidence {testabilis esset), be discharged from her priesthood (exaugurari posset^) and might marry if she chose, Ge/L vi° 7. Leot: HORTENSI A, That the mindincv^ or market-days, which used to be held •A'sferice or holidays, should btfastce or court days ; that the country people, who came to town for market, might then get their law-suits determined, Qites vomponerent), Macrob. Sat. i. 16. Xex HORTENSI A, t/d?p/«?6w«V2> See p. 22, 106, 193. Lex HOSTILIA, de furtis^ about theft, is mentioned only by Justinian, Instit. iv. 10- Lex ICILIA, de tribums^ A. 261, That no one should Contradict or interrupt a tribune {inter/an tribuno) while speaking to the people, Dionys. vii. 17. • Another, A. 297, de Aventino publicando. That the Avcnrint hill s'lould be common for the people to build up» on, Li. X. 32- Liv. iii. 13- It was a condition in the creation of the decemviri, that this law, and those relating to the tri- bunes, (LEGES SACRATiE), should not be abrogatedo Liv- iii. 32- Lex JULIA, Cicero says, were soon abolished by a short decree of the senate, {uno versicitlo senatus puncto temp oris suhlate sunt ^Cic.de legg.ii. 6. DecrC" vit enim senatus ^Philippo eos.re/erente^CoNTRA auspicia J.ATAS VIDERl). Drusus was grandfather to Livia, the wife of Augustus, and mother of Tiberius. Lex LUTATIA, de vi, by Q. Lutatius Catulus, A. 675. That a person might be tried for violence on any day, Cic' pro Ccel. 1. 29. festivals not excepted, on which no trials lised to be held, Cic, Act. in Verr. 10. Lex MiENIA, by a tribune, A. 467, That the senate should ratify whatever the people enacted, Ci€. in Brut, 14. See p« 22. ^24 ROMAN ANTIQUITIES, Lex MAJESTATIS, for punishing any crime againstthc people, and afterwards against the emperor, Cornelia^ ^c. Cic. in Pis. 21. Tacit. Ann. iv. 34. Lex MAMILIA, de limitihus^ vel de regundis Jinibus agrorum,ior regulating the bounds of farms; whence the au- thor of ir, C. Mamilius, a tribune, A. 642, got the sirnameof LiMiTANus. It ordained, That there should be an uncul- tiviited space of five feet broad left between farms ; and if any dispute happened about this matter, that arbiters should be appointed by the prastor to determine it. The law of the Twelve Tables required three, Cic. de leggo i. 21. — — ■ Another, by the same person, for punishing those who had received bribes from Jugurtha, SalL Jug. 40. Z/(?xiVIANILIA,for conferring onPompey the command of the war against Mithridates, proposed by the tribune C, Manilius, A. 687, and supported by Cicero when praetor, de leg. ManiL and by Ceesar, from different views : but neither of them was actuated by laudable motives, Dio. xxxvi. 26* ^ Another by the same. That freedmen might vote in all the tribes, Cic. proMiir. 23- whereas formerly they voted in some one of the four city tribes only- (See p. 104.) But this law did not pass, Ascon. in Cic. pro Cornel. Leges M ANILI AN-^ venalium vendendorum^ not pro- perly laws, but regulations to be observed in buying and selling, to prevent fraud, Cic. de Orat. i. 5. 58. called by Varro, ACTIONES, de re rust. ii. 5. 11. They were com- posed by the lawyer Manilius, who vva. consul, A. 603. The formalities of buying and selling were by the Romans used in their most solemn transactions ; as in emancipation and adoption^ marriage y and testaments^ in transferring pro- perty., &;c. Lex MANLI A, by a tribune, A. 558, about creating the Trtu?nviri Epulones, Liv. xxxiii, 42. Cic. de Orat. iii. 19. de VicEsiMA, by a consul, A. 396, Liv. vii. 16. See p. 70. Lex MARC I A, by Marcius Censorinus, That no one should be made a censor a second time, Plutarch, in Coriol. de Statiellatibiis vel Statielhs., that the senate upon oath should appoint a person to inquire into, and redress the injuries of the Statielli or .ates, a nation of Liguria, Livi i^iii. 21. LaWs of the RoitAN5. 225. Lex MARIA, by C. Marius, when tribune, A. 034. jiboiit making the entrances to the Ovilia {pontes) narrower, Cic. de legfi^. iii. 17. Lex mARIA PORCIA, by two tribunes, A. G91, That those commanders sliould be punished, who, in order to ob- tain a triumph, wrote to the senate a false account of the number of the enemy slain in battle, or of the citizens that were missing ; and that when they returned to the citj', they should swear before the city queestors to the ti'uth of the ac- count which they had sent, Faier. Max. ii. 8. 1. Lex MEMMIA, vel REMMIA ; by whom it was pro- posed, or in what year, is uncertain. It ordained, that an ac- cusation should not be admitted against those who were ab- sent on account of the public, Valer. Max. iii. 7. 9. Suet. Jul. 23. And if any one was convicted of false accusation Ccalumtii^e)^ that he should be branded on the forehead with a letter, Cic. pro Rose, A mm. 19, 20. probably with the let- ter K, as anciently the name of tliis crime was written Ka- XUMNIA. Lex MENENIA, A. 302, That in imposing fines, a sheep should be estimated at ten asses^ and an ox at one. hundred, Festus in Peculatus. Lex MENSIA, That a child should be held as a foreign- er, if either of the parents was so. But if both parents were Romans, and married, children always obtained the rank of the father, (patrem sequuntur liberty Liv. iv. 4.) and if un- married, of the mother, Ulp'ian. Lex METILIA, by a tribune, A. 516, That Minucius, master of horse, should have equal command with Fabius the dictator, Liv. xxii. 25, 26. Another, as it is thought by a tribune, A. 535, giv- ing directions to fullers of cloth ; proposed to the people at the desire of the censors, {quam C. Flaminius L. Emilius censores dedere ad popiilumferendam,) I'lin. xxxv. 17. s. 57. 4. Another, by Metellus Nepos, a prastor, A. 694. about freeing Rome and Italy from taxes, {nx^, vectigalia) Dio. XXX vii. 51. probably those paid for goods imported, iportorium), Cic. Att ii. 16. Leges MILITARES, regulations for the army. By one of these it was provided, That if a soldier war, fey chance cn»- H h 226 ROMAN ANTIQUITIES. listed into a legion, commanded by a tribune whom he could prove to be inimical to him, he might go from that legion to another. Civ. pro Flacco, 32. Lex MINUC I A, de triumviris mensariis, by atribune, A" 537, about appointing bankers to receive the public money, Liv- xxxiii. 21. Leges NUMiE,laws of king Numa, mentioned by differ =. ent Jiuthors : That the gods should be worshipped with corn and Ml salted cake, (fruge et salsa fnola), Plin. 18- 2. That whoever knowingly killed a free man, should be held as a parricide, Festus m Que stores Parricidii : That no harlot should touch the altar of Juno ; and if she did, that she should sacrifice an ewe lamb to that goddess with dishevelled, hair. Id in Pell ices, Gell- iv- 3. That whoever removed a land-mark should be put to death, {qui terminum exaras- set^ et ipsum etboves sacros esse,) Fest. in Terming : That wine should not be poured on a funeral pile,P/m xiv- 12. Sec. Lex OCT AVI A/riimenf aria, by a tribune, A. 633, ab- rogating the Sempronian law, Cic. in Brut. 62. and ordain- ing, as it is thought, that com should not be given at so low a price to the people. It is greatly commended by CicerOj Off' ii. 21. Lex OGULNIA, by two tribunes, A. 453, That the number of the pontifices should be increased to eight, and of the augurs to nine ; and that four of the former, and five of the latter, should be chosen from among the plebeians, Liv. X. 6. 9. Lex OPPIA, by a tribune, A- 540, That no woman should have in her dress above half an ounce of gold, nor wear a garment of different colours, nor ride in a carriage in the city or in any town, or within a mile of it, unless upon occasion of a public sacrifice, Liv. xxxiv. 1- Tacit. Ann. iii- 33, Lex OPTIMA, a law was so called which conferred the most complete aulhoritj^ Festus in voce, as that was called optimum jus, v/hich bestowed complete propcrt}"- Lex ORCHIA, by atribune, A. S66, limiting the num- ber of guests at an entertainment, Fest- wOpsonitavere, Macroh. Sat- ii. 13. Lex OVINIA, that the censors should choose the most worthy of all ranks into the senate, Festus in Frjetlk i t i Laws of the Romans. 227 S£ N- A T 0 R E s . Tliose wlio had borne offices were commonly lirst chosen ; and that all tliesc might be admitted, some^ times more than the limited number were elected, Dio. ::xxvii. 46- Lex PAPI A, by a tribune, A. 688, That foreigners should be expelled from Rome, and the allies of the Latin name forced to return to their cities, Cic. Off. iii. IL proBalb.23. Arch. 5. Att. iv^ 16. Dio. xxxvii. 9. Lex PAPI A POPP/EA, about the manner of choosing icapienda^) Vestal virgins, Gell i. 12. The author of it, and the time when it passed, are uncertain. Lex PAPIA POPP/EA, de maritandis ordinibusy pro- posed by the consuls Papius and Poppseus at the desire of Augustus, A. 762, enforcing and enlarging the Julian law, Tacit. Ann, iii. 25, 28. The end of it was to promote popu- lation, and repair the desolation occasioned by the civil wars- It met with great opposition from the nobility, and consist- ed of several distinct particulars, (Lex Satura). It pro* posed certain rewards to marriage, and penalties against ce- iibacy, which had always been much discouraged in the Roman state, Fal. Max. ii. 9. Liv. xlv. 15. Epit. 59. Suet> Aug. 3^, & 89. Dio. Ivi. 3, 4. Gell. i. 6. v. 19. and yet great- ly prevailed, ibid. £s? Plin. xiv. proem. Senec. consol- ad Marc. 19. for reasons enumerated, Plant. Mil. iii. 1, 85, 111, Sec. Whoever in the city had three children, in the other parts of Italy four,and in the provinces five, was entitled to certain pri- vileges and immunities. Hence the famous JUS TRIUM LIBERORUM, so often mentioned by Pliny, Martial, &c, which used to be granted also to those who had no children, first by the senate, and afterwards by the emperor, Plm. Ep> ii. 13. x. 2. 96. Martial, ii. 91, 92. not only to men, but likewise to women, Dio. Iv. 2. Suet. Claud. 19. Plin. Epist. ii. 13. vii. 16. x. 2, 95, 96« The privileges of having three children were, an exemption from the trouble of guardianship, a priority in bearing offices, Plin. Ep. viii. 16. and a treble proportion of corn. Those who lived in celibacy could not succeed to an inheritance, except of their nearest relations, unless they married within 100 days after the death of the testator ; nor receive an entire legacy, Uegatum omne^ vel so^ Mum capere)' And what tliey were thus deprived of in cer- ^28 ROMAN ANTIQUITIES. tain cases fell as an escheat {caduciuri) to the exchequer ifiS" co) or prince's private purse, Juvenil. ix. 88, kc. Lex PAPIRIA, by a tribune, A. 563, diminishing the \veight 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. IT* — by a tribune, the year uncertain. That no edifice, land, or altar, should be consecrated without the order of the people, Cic, pro Dom. 49. — — A- 325, about estimating fines, Liv. iv. 30, proba- bly the same with ZcxMenenia. That no one should molest another without cause i Fest.in Sacramentum. by a tribune, A. 621, That tablets should be used in passing laws, C'lc. de kgg. iii. 16. by a tribune, A. 623, That the people might re- elect the same person tribune as often as they chose ; but it was rejected, Cic.de Amic. 25. Liv. Epif. 59- Instead oi Papirius, they anciently wrote Papisius, Cic. Fam. ix. 21. So Valesius for Valerius^ Auselius for Aurelius, Stc. Varro de Lat- ling. i. 6. Festus. Qmvctil. i. 4. Ap. Claudius is said to have invented the letter R, probably from his first using it in these words, D. i. 2, 2, 36. Lex PEDIA, by Pedius the consul, A. 710, decreeing banishment against the murderers of Cassar, Veil. Pat. ii. 69. Lex PEDUCiEA, by a tribune, A. 640, against incest, Cic. de nut. Deor. iii. 30. Lex PERSOLONIA, or Pisulania, That if a quadruped did any hurt, the owner should either repair the damage, or give up the beast, Paull. Sent. i. Lex PiETELIA, de ambitu, by a tribune, A. 397, That candidates should not go round to fairs and other public meetings, for the sake of canvassing, Liv. vii. 15. de Nexis, by the consuls, A. 429, That no one should be kept in fetters or in bonds, but for a crime that deserved it, and that only till he suffered thepunishment due by law : That creditors should have a right to attach th© ^aods, and not the persons, of their debtors, Liv. viii. 28o Laws of the Romans." 229 de Peculatu, by a tribune, A. 566, That inquiry- should be made about the money taken or exacted from King Antiochus and his subjects, and how much of it had not been brought into the public trcasurj^ Liv- xxxviii. 54. Lex PETREIA, by a tribune, A. 668, That mutinous soldiers should be decimated, i. e. That every tenth man should be selected by lot for punishment, Appiart. de Bell. Civ. 'iv p. 457. Lex PETRONIA, by a consul, A. 813, prohibiting masters from compelling their slaves to fight with wild beasts, Modestin. ad leg Cornel, de sicar. Lex PIN ARIA ANNALIS, by a tribune, A. 622. What it was is uncertain, Cic. de Orat. ii. ^S. Lex PLAUTIA vel PLOTIA, by a tribune, A. 664, That the jicdwes should be chosen both from the senators and equites ; and some also from the plebeians. By this law each tribe chose annually fifteen {quinos denos suffragio ere- abant)y to he judices f^or thdt year, in all 525. Some read quinos creabant ; thus making them the same with the Centumviri, Ascon. in Cie.p?'o Cornel. PLOTIA de vi, against violence, Cic. pro Mil. 13. Fam- viii. 8. Lex POMPEIA de vi, by Pompey, when sole consul, A. 701, That an inquiry should be made about the murder of Clodius on the Appian way, the burning of the senate- house, and the attack made on the house of M. Lepidus the interrex, Cic. pro MU. et Ascon. de Am B ITU, against bribery and corruption in elec- tions, with the infliction of new and severer punishments, ibid. Dio. xxxix- 37. xl. 52. By these laws the method of trial was altered, and the length of them limited : Three days were allowed for the examination of witnesses, and the fourth for the sentence ; on which the accuser was to have two hours only to enforce the charge ; the criminal three for his defence, ibid. This regulation was considered as a restraint on eloquence, Dia- log, de orator. 38. Lex FOMFFAA. judiciaria, by the same person ; retain- ing the Aiirelian law, but ordaining, That thcjudires should 230 ROMAN ANTIQUITIESo be chosen from among those of the highest fortune, (ex am-- plissimo censu), in the difterent orders, Cic. in Pis. 39. Phih i. 8. Ascon, in Cic.—Quum injudice et fortuna spectan de- htret^ et dignitas^ Cic. Phil. i. 20. — — de Co M I Ti IS, That no one should be allowed to stand candidate for an office in his absence. In this law Ju- lius C8esar was expressly excepted, Suet. Jul. 28. Dio. xl. 56. Appian. de Bell. Civ. ii. p. 442. Cic. Att. viii. 3. PhiL ii. 10. — de repetundis, Appian. B. Civ. ii. AAl.—De parrici- dis, 1. i. Dig. The regulations which Pompey prescribed to the Bidiy- nians, were also called Ijcx POMPEIA, Plin. Epist. x. S3. 113, 115. Lex POMPEIA decivitate,hy Cn. Porapeius Strabo, the consul, A. 665, granting the freedom of the city to the Ita- lians, and the Galli Cispadani, Plin. iii. 20. Jjex POPILIA, about choosing the vestal virgins, GelL i. 12. Lex PORCIA, by P. Porcius Laeca, a tribune, A. 454, That no one should bind, scourge, or kill a Roman citizen, Liv.x. 9. Cic. pro Rabir. perd. 3, 4. Verr. v. 63. Sallustc Cat. 51. Lex PUBLICIA, vel PubUcia de lusu^ against playing for money at an3'^ game but what required strength, as, shoot- ing^ running, leaping, &c. /. 3. D. de alcat. X^xPUBLlLIA. Seep- 22, 105. Lex PUPI A, by a tribune, That the senate should not be held on tfo/nejfea/ days, Cic. adfratr. ii. 2- 13. and that in the month of February, their first attention should be paid to the heawng of embassies, Cic- Fam. i. 4. Lex QUINCTIA, A. 745, about the punishment of those whohivrt or spoiled the aquasducts or public reservoirs of water, Front'in. de aqiueduct. Lex REGIA, conferring supreme power on Augustus. See p. 27. Leges REGLIL. laws made by the kings, Cic. Tusc. quast. iii. 1. which arc said to have been collected by Papi^ rius, or as it was anciently written, Papisius, Cic. Fam. ix. 21. soon after the expulsion of Tarquin, Dionys. iii. 36> Laws of the Row a. vs. 231 whence they were called 7?/* civile PAPIRIANUM ; and some of them, no doubt, were copied into the Twelve Tables. /vex RIHODIA, containing the rej^nlations of the Rho- dians concerning naval affairs, ^which Cicero greatly com- mends, pro leg- Maml. 18. and Strabo, lib. 14.) supposed to have been adopted by tiie Romans. But this is certain only with respect to one clause, de jaetu^ about throwing goods overboai'd in a storm. Leges de REPETUNDIS ; Acilia, Calpurnia, Cacilia, Cornelia, Julia, Jiinia, Fompeia, Servilia. Lex ROSCIA tkeatralis, determining the fortune of the equites, and appointing them certain seats in the theatre, (see p. 29.) Cic. pro Murcen. 19. Juvenal, xiv- 323. Liv. Epit, 99. Mart. v. 8. Dio. xxxvi. 25. By this law a certain place in the theatre was assigned to spendthrifts, {decoctcribus), Cic. Phil. ii. 18. The passing of this law occasioned great tumults, which were allayed by the eloquence of Cicero the consul, Cic. Att. ii. 1. Plut. in Cic. to which Virgil is sup- posed to allude, .^n, i. 125. Lex RUPILIA, or more properly decretum, containing the regulations prescribed to the Sicilians by the Praetor Rupilius, with the advice of ten ambassadors, Cic. Ferr. ii. 13, 15. according to the decree of the senate, Id. 16. Leges SACRAT^E : Various laws were called by that name, chiefly those concerning the tribunes, made on the Mons Sacer, Cic. pro Cornel, because the person who vio~ lated them was consecrated to some god, Eestus. Cic. de Of^ fie. iii. 31. pro Balb. 14, 15. Legg. ii. 7. Liv. ii. 8, 33, 54, iii. ^S. xxxix. 5. There was also a Lex sac rat a mili- T.ARis, That the name of no soldier should be erased from the muster-roll without his own consent, Liv. vii. 41. So among the iEqui and Volsci, Liv. iv. 26. the Tuscans, ix. 39. the Ligw'es, Liv. xxxvi. 3. and particularly the Samnites, ix. 40. among whom those were called Sacraic ■milites, who were enlisted by a certain oath, and with par • iicular solemnities, x. 48. Lex SATURA, was a law consisting of several distinct particulars of a different nature, which ought to have been enacted separately, Festus. Lex SCATINIA, vcl Scctntinia de nefanda- venere, by a 232 ROMAN ANTIQUITIES. tribune, the year uncertain, against illicit amours, Cic, Fam» viii. 14. Phil. iii. 6. Juvenal, ii. 43. The punishment at first was a heavy fine, Quinctil. iv. 2. vii. 4. S^uet. Domit. 8. but it was afterwards made capital. Lex SCRIBONIA, by a tribune, A. U. 601, about re- storing the Lusitani to freedom, Liv. Epit. 49. Cic. in Brut, 23. Another, de servitiitum usiicapionibus^ by a consul under Augustus, A. 719, That the right of servitudes should not be acquired by prescription, /. 4. D. de Usucap. which seems to have been the case in the time of Cicero, pro Ca- cin. 26. Leges SEMPRONI^, laws proposed by the Gracchi, Cic. Phil. i. 7. 1. TIB. GRACCHI Ac r aria, by Tib. Gracchus, A. 620, That no one should possess more than 500 acres of land ; and that three commissioners should be appointed to divide among the poorer people what any one had above that extent, Liv- Epit. 58. Plut. in Gracch. p- 837. Appian. de Bell. Civ. i. 355. f/f? CiviTATE Italis danda. That the frccdom of the state should be given to all the Italians, Paterc' \\. 2,3. ^d-H^REDiTATE Att ALi, Tliatthc moucy, which Attains had left to the Roman people, should be divided a- mong those citizens who got lands, to purchase the instru- ments of husbandry, Xft^. jE'pzY. 58. Plut. in Gracch. These laws excited great commotions, and brought de- struction on the author of them. Of course they were not put in execution, ibid. 2. C. GRACCHI Frumentaria, A. 628. That corn should be given to the poor people at a triens and a semis, or at 4-f of an ass per bushel ; and that money should be ad- vanced from the public treasury to purchase corn for that purpose. The granaries in which tliis corn was kept, were called HoRREA Sempronia, Cic. pro Sext. 48. TuscuU QiKSst. iii. 20. Brut. 62. OJf. ii. 21- Liv. Epit. 58. 60. Note. A triens and semis are put for a dextans, because the Romans had not a coin of the value of a dextans. (/ePRoviNGiis, That the provinces should be ap- Laws of the Romans. 233 pointed for the consuls every year before tlieir election, Cic, de Prov, Cons- 2. pro Balb. 27. Dom. 9. Fam. i. 7. rted into eight new tribes, should be distrii^uted tlirough the thirty- five old tribes : Also, that the manumitted slaves icives lihtrtini) uho used formerly to vote only in the four city tribes, might vote in all the tribes : That the com-nand of the war against Mithridates sh'nild be taken from Sy'la, and given to Marius, Plutarch in Sylla et Mario ; Liv. E- pit. 77. Ascon. in Cic. Pat ere ii- 18. But these laws were soon abrogated by Sylla, who, re- turning to Rome with his army from Campani i, forced Ma- rius and Sulpicius, with their adherents, to fly from the city. Sulpicius, being betrayed by a slave, wis brought back and slain. Sylla rewarded the slave with his liberty, according to promise ; but im.mediately after, ordered him to be thrown from the Tarpeian rock for betraying his master, tbid. Leges SUMPTUARI^ ; Grchia, Fannia, Didia, Ltci- nia, Cornelia, .'Emilia, Antia, Julia. Leges TABELLARIZE, four in number. See p. 99. Z/e'.TTALARIA,againstplayingat dice at entertainments, {ut ne legrfraudem faciam talcirue^ that I may not break, &c.) Plaut. Md. Glor. ii. 2, 9. Lex TERENTIA et CASSIA frumentaria. See Lex Cassia. Z(?;rTERENTILIA,byatribune, A.291, about limit- ing die powers of the consuls. It did not pass ; but after great contentions gave cause to the creation of the decemviri, Liv. iii. 9, 10, Sec. Leges TESTAMENTARIiE, Cornelia, Furia, Voco- nia. Lex THORTA de vectigali'ms, by a tribune, A. 646, That no one should pay any rent to the people for the pub 236 ROMAN ANTICyjITIES. lie lands in Italy which he possessed, {agrum publicum vec- tigali levavit), Cic. Brut. 36. It also contained certain regulations about pasturage, de Orat, ii* 70 But Appi- an gives a different account of this law, de Bell. Civ- i. p. 366. Ijex TITIA dequtestoribus^ by a tribune, as some think, A. 448, about doubling the number of quaestors, and that they should determine their provinces by lot, Cic. pro Mu- ren- 8. flfd" MuNERiBUs, against receiving money or pre. sents for pleading, Auson- Epigr. 89. Tacit. Annal xi. 13^- where some read instead of Cinciam, Titiam. Agraria, what it was is not known, Cic. de Orat. ii. 11. de Legg. ii. 6. 12. de Lusu, similar to the Puhlician law. • fl^e TuTORiBus, A. 722, the same with the Jidian law, and as some think, one and the same law, Justin- In- stit. de A til. Tut. Lex TREBONIA, by a tribune, A. 698, assigning pro- vinces to the consuls for live years : Spain to Pompey ; Sy- ria and the Parthian war to Crassus; and prolonging Caesar's command in Gaul for an equal time, Dio. xxxix. 33- Cato, for opposing this law, was led to prison, Liv. Epit. 104. According to Dio, he was only dragged from the assembly, xxxix. 34- de Trie UN IS, A. 305. Liv.m. 64,65. Seep- 144. JLex TRIBUNITIA, either a law proposed by a tribune, Cic. in Rtdl ii. 8. Liv- iii. 56. or the law restoring their power, Cic. Actio prim, in Verr- 16' Lex TRIUMPHALIS, That no one should triumph who had not killed 5000 of the enemy in one battle, Valer. Max- ii. 8. Z/^a:TULLIA r/f Ambitu, by Cicero, when consul, A. 690, adding to the former punishments against bribery banishment for ten years, Dio. xxxvii. 29. — and. That no one should exhibit shows of gladiators for two years before he stood candidate for an office, unless that task was impos- ed on him by the testament of a friend, Cic. Vat. 15- Sext. 64. ilf«r.32. 34, &:c. (/pLegatione libera, limiting the continuance Qf it to a year, Cic, de Legg, iii. 8. Laws of the Romans. 237 Lex VALERIA de provocatione. See p. 117. ^e Fo R M I A N I s , A. 562, about giving the people of Forniiai the right of voting, Liv. xxxviii. 36- (/eople, Cic, Brut. 56. 89. Tusc. Qu^est. ii. 24. Faler.Max. v- 2. Lex VATINIA,(/^ PROVING IIS. Seep. 122' de alternis con'a.ise aman'shousewas esteem;'! his sanctuary, {tutissimum rcfup^mm et receptactdum). Bat if any one lurked at home to chide a prosecution, Gz./'ra?/r l>y let- ters, or by the edict of the prastor ; and if he still did not ap- pear, {se non sisteret), the prosecutor was put in possession of Iiis effects, (in dona ejus mittebatur.) Ibid* If the person cited found security, he was let go ; (si en- siet) si autem sit^ (sc. aliquis), 9_ui in jus vocatuji \"iNDiciT, [vindi caver it, shall be surety for his appear- ance), mitt I TO, let him go- If he made up the matter by the way, Cendo via), the process was dropped. Hence may be explained the words of our Saviour, Mat/i- v. 25- Lu/'^e xii. 58- II. POSTULATIO ACTIONIS, Requesting a TFrit, and giving Bail- TTF no private agreement could be made, both parties "went -■- before the prretor. Then the plaintiff proposed the action (ACTIONEM EDEB AT, vel dicajn scnhehat. Cic. Verr- ii. 15.) ^\hich he intended to bring against the defendant (quAM in reum intendere vellet). Plant. Per.s- iv. 9. and demanded a writ, (ACTIONEM PO.STULA-. BAT), from the prretor for that purpose- For there were certain forms, (formula) or set words (verba concep- ta) necessary to be used in every cause, (formula de omnibus REBUS CONSTITUTE), Cic Rosc- Com- 8- At the same time the defendant requested, that an advocate or lawyer should be given him to assist him with his coun- sel. There were several actions competent for the same thing. The prosecutor chose whicii he pleased ; and the praetor usually granted it, (Actionem vel Judicium dabat vel redjjebat, Cic pro Casein. 3. Qmnct. 22. rcrr,. ii 12. 270 but he niiglit also refuse it, ibid, et ad Htrenn. ii- 13. ' 2U ROMAN ANTIQUITIES. Theplaintiff having obtained a writ from the praitor, of . fered it to the defendant, or dictated to him the words- This writ it was unlawful to change, (.mutare formulam non lice- bat), Senec. Ep. 117- The greatest caution was requisite in drawing up the writ, {inactione yalforniula concipienda) , for if there was a mis- take in one word, the whole cause was lost, Cic cle invent. li, 19. Herenn. i- 2. Quinctil. iii. 8. vii. 3. 17. Qui plus petebaty gua?7i (libitum est^ caiisam perdebaty Cic. pro Q. Rose, 4- vd formula excidebat, i- e. cau&a cadebat, Suet. Chiud. 14, Hence scrieere vel subscribere dicam alwui vel impignerey to bring an action tjgainst one, Cic. Ferr. ii. 15. Ter. Phorm.ix, 3. 92. or cum alicjuo jvdicium subscibe- RE, Plin. Ep. V. 1. El FORMULAM IJJTENDERE. Suet. Vit. 7. But Dicam vel dicas sortiriy i.t.jiidices dare sortiti- oncy qui causam cognoscant, to appoint judices to judge of causes, Cic ibid. 15. 17. A person skilled only in framing writs and the like, is call- ed by Cicero LEGULEIUS, prt^co actionum, cantor for- mularumy auceps syllabarmn ^ Cic. de Orat. i. SS. and by Quinctilian, F^ormularius, xii. 3. 11. He attended on the advocates to suggest to them tlie laws and forms ; as those called Pragmatici did among the GreekSj ibid, and as agents do among us. Then the plaintiff required, that the defendant should give bail for his appearance in court (VADES, qui spoJiderent enm adfuturum), on a certain day, which was usually the third day after, (tertio die vel perendie), Cic. pro Quinct. 7. Muren. 12. Gell- vii. 1. And thus he was said VADARI REUM (Vades idea dictiy quody qui eos dederit, vadendi, id est, discedendi habet potestatemy Festus), Cic. Quinct. 6. This was also done in a set form prescribed by a lawyer, who was said Vadimonium concipere, Cic. ad Fratr. ii. 15. Thedefendantwassaid VADES DARE, vel VADIMO. NIUM PROMITTERE. If he did not fmd bail, he was obliged to go to prison, Plaut. Pers. ii- 4. v. 18. The praetor sometimes put off the hearing of the cause to a more distant day, (vadimonia differebat)^ Liv. Epit. 86. Juvenal, iii. 112. Bu^the parties (LiTiG a TO res) chiefly were said vadi- Judicial Proceedinos, tsV. 245 :jonium differe ctim aliquo, to put ofFilic day of the tri- al, Cic. Att- ii. 7. 1'^am. ii. 8. Qidnrt. 14. 16. Res esse in va- dimonium cccfnt^ began to be litigated, idid. In tlie nie.m time the defendant sometimes made up (rem cojuponebat et transigebat, eompromised) tlie matter pri- vately with the plaintiff, and the action was dropi)ed, Flin. Ep» V. 1. In which case the plaintiff was said, deeidisse, velpac- tionenifecisse cum reo ; judicio reum absolvisse, vel liberasse lite contestata x^A judicio constitutor after the law-suit was begun ; and the defendant, litem redemisse ; after receiving security from the plaintiff, {cwn sibi cavisset vel satis ab ac- tore accepisset), that no further demands \\'ere to be made upon him, A.mplius a se neminem petiturum, Cz'^. Quinct. 11. 12. If a person was unable or unwilling to carry on a law-suit,he was said,NON posse vel nolle prose- c^ui, vel experiri, sc. jus\e\jure, vel jure summo/ib . 7, &c. When the day came, if either party when cited w^as not present,withf)atavalid excusG,(sine morbo velcausa sontica), he lost his cause, Horat. Sat. i. 9. v. ^5. If the defendant was absent, he was said DESP:RERE VADIMONIUM ; and the prsetorput the plaintiff in possession of his effects, Cic. pro Quinct. 6. & 20. If the defendant was present, he was said VADIMONI- UM SISTERE vel obi re. When cited, he said, Ubi tu ES, qjJI ME V-'^DATUS E S '? UbI TU ES, qUl ME CITASTI? ECCE ME TIBI SISTO : TU CONTRA ET TE MIHI SISTE. The plaintiff answered. Ad sum, Plant. Curcul. i. 3. 5. Then the defendant said Quid ais? The plaintiff said AIO FUNDUM, qUEM POSSIDES, MEUM ESSE ; vel AIO TE MI- HI DARE facere oportere, or the like, CVc. il///r. 12. This was called INTENTIO ACTIONIS, and varied ac- cording to the nature of the action. III. DIFFERENT KINDS OF ACTIONS. ACTIONS were either Real, Personal, or Mixt. 1. A real action (ACTIO IN REM), was for obtaining a thing to which one had a real right (jus in re), but which was possessed by another, (per quam rem nostram, qute ab alio poswktur^ petimus, Ulpian.) 24G ROMAN ANTIQUITIES. 2. A personal action, (ACTIO IN PERSONAM), was ag"inst a person for doing or giving something, which he was bound to do or give, by reason r/f a contract, or of some wrong done by him to the plaintiff. 3. A mixt action was both for a thing, and for certain per- sonal prestations. I. Real Actions. Actions for a thing, or real actions^ ivere either CIVIL, arising from some law, Cic- in deed. 5. de Orat. i. 2. or PRiETORI AN, depending on the edict of the praetor. ACTIONES PRiETORIiE, were remedies granted by the prsetor for rendering an equitable right effectual, for which there was no adequate remedy granted by the statute or common law- A civil action for a thing {actio civilis vel legitima in rem\ was called VINDICATIO ; and the person who raised it, viNDEx. But this action could not be brought unless it was previously ascertained who ought to be the possessor. If th) s was. contested, it was called Lis vindiciarum, Cic. Ferr. i. 45. and the pr^tor determined the matter by an in- terdict, Cic- Ccccin. 8. 14. If the question waS about a slave, the person who claim- ed the possession of him, laying hands on the slave, (ma^ num ei vrjiciens)^ before the praetor, said, Hunc Hcminum EX JURE QUIRITIUM MEUM ESSE AIO, EJUSqUE VINDICIAS, (i. 6. /205- se$sionem\ mihi dari postulo. To which Plautus alludes, Rud. iv- 3. 86 If the other was silent, or yielded his right, {jure cedebaf), the pr^tor adjudged the slave to the person who claimed him, {servum addicebat vindicanti) ; that is, he de- creed to him the possession, till it was determined who should be the proprietor of the slave. Cad exitutnjudicii). But if the other person also claimed possession, {si vmdicias sik conservari postzdaret), then tlie prseror pronounced an interdict, (interdicebat). Qui nec vi, nec clam, nec puecauio ros- SIDET, EI VINDICIAS DABO. The laying on of hands (M ANUS INJECTIO) was the usual mode of claiming the property of any person, Liv, iii. 43. to which frequent allusion is made in tlic classics, Ovid. Epist' Heriod. viii. 16- xii. 158. Amor. i. 4. 40. ii. 5. 30.. ~ Judicial Proceedings, ^c, 247 Fast. iv. 90. Firg. Mn. x. 419. Cic. Ros. Com, 16. Plm. E],>2st. X. 19. In vera bona rion est manus injectio ; Animo non i.otest wj'ici maniis^ i. e- vis hiri. Seneca. In cUbpalcs oi'tnis kuid (m htibus vhtdicnirum), the pre- suniption always was in favour ol'the possessor, according to tiiv. law olthc Twelve Tables, Si q_ui in jure manum coNSERUNT, i. c. at)u(f judtceni ai\cepta>it, secundum £UM qjJl POSSIDET, VINUICIAS DATO, Geii- XX. 10. Ijui in an action concerning hbtrty, the' praetor always de- creed possession in favour of freedom, ivindicias (ledit se- cundum libertatem) i and Appius the decemvir, by doing the contrwy) decernendo vindicias secundum servifutem vel ab li- bertate in servifutem cont?-a leges vindicias dando, by decree- ing, that Virginia should be given up into the hands of M, Claudius, his client, who claimed her, and not to her father, who was present) ; brought destruction onjiimself and his colleagues, Liv. iii. 47, 56, 58. Whoever cliimed a slave to be free, Cvindex, qui in li- ber tatem vi?idJcab::t), was said, eum liberah causa MANU asserere, Tercut. Adelph. ii. 1. 39. Plant. Poen, V. 2. but if he claimed a free person to be a slave, he was said. IN sEiiviTUTEM asserere; and hence was called ASSKRTOR, Liv. iii. 44. Hence, IL'Sc (sc. prcesentia gaiidm) utraque manu, comnlexuque assere toto, Martial. 1. 16, 9. AssERO, for affinno, or assevero, is used only by la- ter writers. The expression iNI ANUM CONSERERE, to fight hand to hand, is taken from M'ar, of which the conflict between the two purties was a representation. Hence Vindicia, i. e. injectio vel correptio nanus in reprasenti, w^as called vis ci- vihs etfesfucaria, Gell. xx- 10. The two parties are said to have crossed two rods, (festucas inter se commisisse), before the prastor as if in fighting, and the vanquished party to have given up his rod to his antagonist. Whence some conjecture, that the first Romans determined their disputes with the point of their swords. ' Others think that vindicia was a rod, (virgula \t\/estuca), which the tAvo parties {litigantes vel disceptantes) broke in their fray or mock fight before the praetor, (as a straw istipula) used anciently to be broken in making stipulations, Tsid. v. 248 ROMAN ANTIQUITIES. 24.) the cdnsequence of which was, that one of the parties might say, that he had been ousted or deprived of pc So,tr.sion fpossessione dejectus) by the other, and therefore claim to be restored by a decree (in t e r dig t o) of the praetor. If the question was about a farm, a house, or the hke, the praetor anciently went with the parties {cum Utigantibus) to the place, and gave possession {vindicias dabaf) to which of them he thought proper. Bat from the increase of business this soon became impracticable : and then the p irties called one another from court (ex jure) to the spot, iin locum vel rem prcesentem)^ to a farm, for instance, and brought from thence ^^tux^iglebatn), which was also called VINDICIiEj Festus^ and contested about it as about the whole farm. It was delivered to the person to whom the pr^tor adjudged the possession, Gell. xx. 10. But this custom also was dropped : and the lawyers de- vised a new form of process in suing for possession, which Cicero pleasantly ridicules, pro Munsn, 12. The plaintiff (petitor) thus addressed the defendant, ez^^jZ/w^epc^e/^a^wr) ; Fundus qui est in agro, qui Sabinus vocatur, eum ego ex ju- re qUIKITIUM MEUM ESSE AIO, INDE EGO TE EX JURE MANU CON- SERTUMCto contend according to ldw)vo CO. If the defendant yielded, the praetor adjudged possession to the plaintiff. If not, the defendant thus answered the plaintiff, Unde tu me ex ju- re manum conserium vocASTi, Inde iBi EGO TE REVOco. Then the praetor repeated h'.s set forrri, {carmen compositumJ, U- TRISqUE, SUPERSTITIBUS PRESE NTIBUS, 1. C. tcstibus pr^sentihus, Tbefore witnesses), ist am viam dico. Inite VI A M . Immediately they both set out, as if to go to the farm, to fetch a turf, accompanied by a lawyer to direct them, iqui ire viam doceret). Then the praetor said, R"edite viam; upon which they rei«rned. If it appeared that one of the par- ties had been dispossessed by the other through force, the prsetor thus decreed, Unde tu illum dejecisti, cum nec vi, nec CLAM, NEC PRjECARIO POSSIDSRET, KG ILLU M RES TITUAS JUBEO. If not he thus decreed. Uti nunc possidetis, Sec ita possideatis. iVlM FIERI VETO. The possessor being thus ascertained, then the action a-' bout the right of property (dejiire dominii) commenced. The person ousted ':2. Tlie plaintiiFvvas said sacrmnento vel sponsione provocare^ rogare qu^rere., et stipulari. The defendant contendere ex provocatione vel sacramento^ et restipulari^ Cic. pro Rose. Com. 13. Valer. Max. ii. 8- 2. Festiis ; Varr.de Lat. ling, iv- 36. Tlie same form was used in claiming an inheritance, (in ii.ereditaTis petitione), in claiming servitudes, &c. But in the last, the action might be expressed both affirma-- tively and negatively, thus, aid, jus £sse vel non esse. Hence it was called Actio confessoria et negatoria. 2. Personal Actions, Personal actions, called alsoCONDICTIONES, were very numerous- They arose from some contract, or injury done ; and required that a person should do or give certain things, or suffer a certain punishment. Actions from contracts or obligations were about buying and selling,(^/V. 251 An DABis ? DABo: An promittis? promitto, velrc, promHtOy ^c. Piaut. Pseud, iv. 6. Bacchitl. iv. 8. When the seller set a price on a thing, lie was said indi- CARE ; thus In DIG A, TAG PRETiuM, Plaut. Pcrs. iv. 4, 37. and the buyer, when he offend a price, hceb i, i. e. ro- r^ore quo pretio licerct auftrrc^ Pl.iur. Stich- i. 3. G8. Cic, Verr iii. 33. At an auction, the person who bade, (LI CI- TATO R), held up his fore rinB,er, {vulcx) ; hence di^ito li- ceri, Cic. ib. 11. The buyer asked, Quanti licet ? sc. iuibere vel auft-rre The seller answered, Decern nummis li- cet; or the like, Plaut. Epid. iii. 4. '35. Thus some explain, De Drusi hortis, quanti /icuissey (sc. eas cmere), tu scribiSi audwram : scd quanti quanti, bene emitur quod necesse est, Cic. Alt. xii. 23. But most here take Ircere'm a passive sense, to be valued ov appraised: quanti quanti, sc. licent, at what- ever price ; as Mart, vi- 66. 4. So Fenibunt quiqui licebunt (whoever shall be appraised or exposed to sale, shall be sold), pra.senti pecunia^ for ready money, Plaut- Menjech. v. 9. 97. Unius assis non unquam pretio pluris licuisse, Hotante judice quo nosti populo, was never reckoned worth more than the value of one as, in the estimation of the people, &,c. Horat. Sat. i. 6. 13. In verbal bargains or stipulations, there were certain iixt forms, (sTiPlfLATIONUM FORMULA, ClC. dc Icg^^. \. 4, vel spoNSiONUM,, Id. Rose. Com. 4.) usually 6bserved be- tween the t'vo ])arties. The person who rtqnired the pro. mise or obligation, (STIPULATOR, sibi quipromitticu-^ rabat, v. sponsionem exigebat) asked irogabat v. interroga- bat) him uho was to give the obhgation (PROMISSOR vel REPROMisscr, Plaut. Asm. ii. 4. 43. Psmid. i. 1. 112. for both words are put f'>r the same thing, Plaut. Cure. v. 2. 68. V. 3, 31. Cic. Rose. Com. 13.) before witnesses, Plaut. ib. 3o. Cic. Rose. Com. 4. if he would do or give a certain thing ; and the other always answered in corrP'^pon- dent words : thus, An dabis? Dabo vel Dabitur, Plaut. Pseud, i. 1, 115. iv. 6. 15. Race/?, iv. 8. 41. An spoNDEs? Spondeo, Id. Cure. V- 2. 74. Any materia! change or addition in the answer rendered it of no cfF* ct, «) 5. Jnst. de inutil. Stip. Plaut. irin. v. 2- 34, 6c 39. The per.^ §on who required the promise, was said to be reus stj- 252 ROMAN ANTIQUITIES. PULANDi ; he who gave it, reus promittendi, Digest, Sometimes an oath was interposed, Plant. Rud. v- 2. 47. and for the sake of greater security, (wf pacta et conventa Jirmiora essent), there was a second person, who requir- ed the promise or obHgation to be repeated to him, therefore called Astipulator, Cic. Quint 18. Pis> 9. {qui arrogabat)^ Plaut. Rud. v. 2. 45. and another who join- ed in giving it, Adpromissor, Festus ; Cid. Att- v. 1 Rose. Amer. 9. Fide jussor vel Sponsor, a surety, who said, Et ego spondeo idem hoc, or the like, Plaut. Trin. v. 2. 39. Hence Astipulari irato consult, to humour or assist, Liv. xxxix- 5. The person who promised, in his turn usually asked a correspoadent obligation, which was called RESTiPULATio ; both acts were called Sponsio. Nothing of importance was transacted among the Romans without the ?'ogatio, or asking a question, and a correspon- dent answer, (congrua responsio) : Hence Interrogatio forSriPULATio, Senec.Benef. iii. 16. Thus also laws were passed: the magistrate asked, rogabat : and the people answered uti rogas, sc.volumus. Seep. 97, 100- The form of M a n ci p a t i o, or Mancipium, per as et li- hram, was sometimes added to the Stipulatio, Cic. legg, ii.20, ^ 21. A stipulation could only take place betv.'een those who were present. But if it was expressed in a writing, {si in m- strumento scrip turn €sset)yS\m^\y that a person had promis- ed, it was supposed that every thing requisite in a stipula- tion had been observed, Inst. iii. 20, 17. Paull. Recept, Sent. v. 7. 2. In buying and selling, in giving or taking a lease, {in loea- tione vel conductione), or the like, the bargain was finished by the simple consent of the parties : hence these contracts were called CONSENSU ALES. He who gave a wrong account of a thing to Idc disposed of, v/as bound to make up the damage, Cic. Off. iii. 16. An earnest penny Tar r ha, V. arrhabo}, was sometimes given, not to confirm, but to prove the obligation, Inst, iii. 23. — pr. Varr. L. L. iv. 36. But in all important contracts, l3onds (SYNGRA- PH-^) formerly written out, signed, and sealed, were mu- tually exchanged betweq;i the parties. Thus Augustus and Judicial Proceedings, Cp*c. 253 Antony ratified their agreement about the partition of the R(^man provinces, after the overthrow of Brutus and Cas- sius at Piiillippi, by givingand taking reciprocally written ob- ligations, (y^xLLViXTciec^ syngrnphit) : Dio. xlviii. 2, cc 1 1. A difference having afterwards arisen between Ccesar, and Fulvia, the wife of Antony,and Lucius his brother, who ma- naged the aff.)irs of Antony in Italy, an appeal was made by Cajsar to the disbanded veterans ; who having assembled in the capitol, constituted themselves judges in the cause, and appointed a day for determining it at Gabii. Augustus appe:ired in his defence ; but Fulvia and L. Antonius, hav- ing failed to come, although they had promised, were con- demned in their absence ; and, in confirmation of the sen- tence, war was declared against them, which terminated in their defeat, and finally in the destruction of Antonj'', Dio. xlvii. 12. &c. In like manner the articles of agreement be- tween Augustus, Antony, and Sex. Pompeius, were written out in the form of a contract, and committed to the cliarge of the vestal virgins, Dio- xlviii. 37. They were farther con- firmed by the parties joining their right hands, and embrac- ing one another, lb. But Augustus, says Dio, no longer observed this agreement, than till he found a pretext for violating it, Dio. xlviii. 45. When one sued another upon a written obligation, he was said, agere cum eo ex Singrapha, Cic. Mur. 17. Actions concerning bargains or obligations are usually named, ACTIONES, empti, venrliti, locati, vel ex locato^ conducfi, vel ex conductor mandati, &.c. They were brought (intendebantur), in this manner : The plaintiff said, AIO TE MIHI MUTUI COJIMOD ATI, DEPOSITI NOMINE, DARE CENTUM OPOR ERE ; AIO TE MIHI EX STIPULATU, LO- CATO, DARE FACERE OPORTERE. The defendant either denied the charge, or made exceptions to it, or defences (Actoris intentionem aut negahat vel injiciahatiir^ aut ex- ceptione elidebat),i]\2X is, he admitted part of the charge, but not the whole; thusNEGO me tibi ex stipulato cen- tum DARE OPORTERE, NISI OUOD METU, DOLO, ERRO- RE ADDUCTUS SPOPONDI, t^e/ NISI (^UOD MINOR XXV, ANNis spopoNDi. Then followed the SPONSIO, if the defendant denied, ni dare pacere debeat; and the 254 ROMAN ANTIQUITIES. RESTIPULATIO, si dare pacere DEBEAt. But if he excepted, the sponsto was, ni dolo adductus spo- poNDERiT ; and the restipulatio si dolo adductus spo- PONDERIT. To this Cicu'o alludes, de Invent, ii. 19. Fin* 2. 7- Att. vi. 1. An exception was expressed by these words, si non, ac 31 NON, AUT, SI, AUT NISI, NISI qUOD, EXTRA Q^UAM SI. It the plaintiiFansvvered the defendant's exception, it was caliedREPLICATIO ; and if the defendant answered him, it was called DUPLiCATIO. It sometimes proceeded to a TRIPLiCATlO and QUADRUPLICA no. The ex- ceptions and replies used to be hicluded in the Sponsio, Liv. xxxix. 43. Cic. Verr. i. 45. iii. 57, 59. Cacin. 16. FaL Max. ii. 8, 2. When the contract was not marked by a particular name, the action was called ACTIO PRiEscRiPTis verbis, ac^io incerta vel incerti; and the writ {formula') was not compos, ed by the pvastor, but the words were prescribed by a law- yer, VaL Max. viii. 2, 2- Actions were sometimes brought against a person on ac- count of the contracts of others, and were cdM^^d^Adjectiti^ qualititas. As the Romans esteemed trade and merchandize dishon- ourable, especially if not extensive, Cic. Off. i. 42, instead of keeping shops themselves, they employed slaves, freed- men, or hirelings, to trade on their account, {negotiatiojiibus pn^ficiebant) who were called INSTITORES, {quod ne- gotio gerendo instabant) ; and actions brought against the trader {in negotiatoi'em) or against the employer {in do?ni- num J, on account of the trader's transactions, were called ACTIONES INSTITORl/E. In like manner, a person who sent a ship to sea at his own risk, {suo periculo navem man immitebatj) and received all the profits, {ad quern omnes obventiones et reditus navisper- Vfinirent)^ whether he was the proprietor (dominus) of the ship, or hired it {navem per aversionem conduxisset)^ whe- ther he commanded the ship himself, sive ipse NAVIS M AGISTER esset,) or employed a slave or any other per- son for that purpose (navi pnejiceret)^ was called navis ISXERCITOR ; and an action lay against him {in eutn Judicial Proceedings, ^c. 255 competehnt, erat, vcl dabatur), for the contracts made by the nvisrcr of th.- s'lip, as well as by himself, calltcl ACTIO P:XKKClTORiA. An a.:tion lay against a father or master of a family, for the ro:^tr tcts made bv his son or slave, called actio DE PE- CUl lO, or actio DE IN REiMVl'.RSO, if the contract of the sl.ivc luul turned to his m 'Ster's profit; or actio JUS- SU. if the contract had been made by the master's order. But the father or master was bound to mike restituMon, not to the entire amount of the contract, {mm in solidum)^ but to the extent of the pecu/ium^ and the profit which he had received. If the master did not justly distribute the goods of the slave among his creditors, an action lay against him, called acHo TRIBUTORIA. An action also lay against a person in certain cases, where the contract was not expressed, but presumed by kivv, and therefore called obligatiG QUASI EX CONTRACTU; as when one, without any commission, managed the business of a person in his absence, or without his knowledge ; hence he was called NEGOTIORUM GESTOR, or vo- LUNTARIL-S AMICUS, Cic. C^CIJI, 5. Vcl PROCURATOR, Ctc, Brut. 4. 3. Penal Actions. Actions for a private v^Tong were of four kinds : EX FURTO, RAPINA, DAMNO, INJURIA ; for theft, robbery, damage, and personal injury- 1. The different puuishraentsof thefts were borrowed from tlie Athenians. By the laws of the Twelve Tables, a thief in the ni8:ht-time might be put to death: Si nox inoctu) FunxuM.^AXiT, SIM (si eum) ALiquiS occisiT (Occident) jure c^^us ESTO ; and also in the day time, if he defended him- seU'with a weapon : Si luci furtum faxit, sim aliquis evdo (vO IPSO FURTO CAPSIT (ccperit)^ VEUBERATOR, ILLIC{UE, CUt Fl/RTUM FACTaM ESCIT {cvit) ADDICITOR, GcU. XI, uU. but UOt wi':hout"hdving first called out for assistance, {sed nan nisi iSi Qui interemturus erat^ quiRiTAUKx, i.e. c/amarcr quirites, VOSTKAM riDEM, SC. iinploro^ vel POHKO qUIRIXF.S. Tilt punishment of slaves was more severe. They were 256 ROMAN ANTIQUITIES. scourged and thrown from the Tarpeian rock. Slaves were so addicted to this crime, that they were anciently called FUREs; hence, Firg. EccL iii. 16. Q^uid do'mini faciant, audent cum talia fures ! so Horat. Ep. i. 6- 46. and theft, SERVILE PROBRUM, TaCt. Hl&t.'v A>^» But afterwards these punishments were mitigated by various laws, and by the edicts of the prcetors. One caught in manifest theft (\\\ FURTO MANIFESTO), was obliged to restore fourfold, {quadruplum)^ besides the thing stolen ; for the recovery of which there was a real ac- tion (vindicatio) against the possessor, whoever he was. If a person was not caught in the act, but so evidently guilty that he could not deny it, he was called Fur NEC MANIFESTUS, and was punished by restoring double, GelL xi, 18- When a thing stolen was, after much search, found in the possession of any one, it was called Fur tum concep- TUM, (see p. 204.) and by the law of the Twelve Tables was punished as manifest theft, GelL Ibid ; Inst, iv. 1. 4. but afterwards, 2Lsfurtum nee manifestum. If a thief, to avoid detection, offered things stolen Cre^/wr- tivas wtXfurto ablatas) to any one to keep, and tbey were found in his possession, he had an action, called Actio furti ob- i ATI, against the person who gave him the things, whether it was the thief or another, for the tripple of their value. ibid. If any one hindered a person to search for stolen things, or did riot exhibit them when found, actions were granted by the praetor against him, coWtd. Actiones furti prohibi- TieifNON EXHiBiTu; in the last for double, Plant. Ptcn. iii.l- z;. 61. What the penalty was in the first, is uncer- tain. But in whatever manner theft was punished, it was al- tV'ays attended with infamy. 2. Robbery (RAPINA) took place only in moveable tilings, {in rebus mobilibus). Immoveable things were said to be invaded : and the possession of them was recovered by an interdict of the praetor. Although the crime of robbery {crimen raptus), was much more pernicious than that of theft, it was, however, less se- verely punished. Judicial Proceedingg, ^j^c. 257 An action {actio \i bono rum raptorum) was granted by tlic prjctor against the robber (in raptorem)^ only for fourfold, including what he had robbed. And there was no difference w hether the rol)ber \vas a freeman or a slave ; on- ly the proprietor of the slave was obliged, either to give him up, {eum noxce dedtre)^ or pay the damage {damnum prasta- re). 3. If any one slew the slave or beast of another, it was call- ed DAMNUM INJURIA DATUM, i. e. dob vel culpa 7iocefJtis admissum, whence actio vel judicium damni IN JUKI a, sc. dati ; Cic. Rose. Com. 11. whereby he was obliged to repair the damage by the AqiiUlian law. Qui SERVUM SERVAMVE, ALIENUM ALIENAMVE, qUAUKUPEDEM t;*?^ PECU- DEM INJURIA OCCIDERIT, qUANTI ID IN EO ANXO PLURIMI FUITj (whatever its highest value was for that year), tantum mz DARE domino damnas esto. By the samc law, thcrc was an action against a person for hurting any thing that be- longed to another, and also for corrupting another man's slave, for double, if he denied, (adversus inficiantem IN dUplum), /. 1. princ. D. de serv. corr. There was o;i account of the same crime, a pr^torian action for double even against a person who confessed, /. 5. ) 2. ibid. 4. Personal injuries or affronts (INJURIiE) respected either the body, the dignity, or character of individuals. They were variously punished at different periods of the re- public. By the Twelve Tables, smaller injuries {injuries leviores) were punished ^vith a fine of twenty. five asses or pounds of brass. But if the injury was more atrocious ; as, for instance, if any one deprived another of the use of a limb, (si mem- BRUW RUPsiT, i. e. ruperit)^ he was punished by retalia- tion, (?c/zo«(?), if the person injured would not accept of any other satisfiiction, (see p- 198.) if he only dislocated oi- broke a bone, q_ui os ex genitali (i. €• ex loco ubigig- nitur,) fudit, he paid 300 as^es, if the sufferer was a free- man, and 150, if a slave, Gell. xx. 1- If any one slandered another by defamatory verses, (si quis aliquem publice diffci- masset, eique adversus bonos mores convicium fecisset, af- fronted him, ^'cl carmen famosuin in e:tm condidisset\ he Mm ^m ROMAN ANTIQUITIES. was beaten with a club, Nor. Sat. ii. 1. v. 82. Ep. ii. I. v. 154. Cormit. ad Pers. Sat. 1. as some say, to death, Cic. a- pud Augustin. de civit. Dei, ii. 9. & 12. But these laws gradually fell into disuse, Qell. xx- 1- and by the edicts of the prcetor, an action was granted on ac- count of all personal injuries and affronts, only for a fine, which was proportioned to the dignity of the person, and the nature of the injury. This, however, being found insuffi- cient to check licentiousness and insolence, Sulla made a new law concerning injuries, by which, not only a civil ac- tion, but also a criminal prosecution, was appointed for cer- tain injuries, with the punishment of exile, or working in the mines. Tiberius ordered one who had written defama- tory verses against him to be thrown from the Tarpeian rock, Div. Ivii 22. An action might also be raised against a person for an in- jury done by those under his power, which was called AC- TIO NOXALIS; as, if a slave committed theft, or did any damage without his master's knowledge, he was to be given up to the injured person, (si servus, inscientf, DOMING^ rURTUM FAXIT, NOXIAMVE NOXIT, (nOCUerit, i. e. damnunt fecerit,) nox^ deditor) : And so if a beast did any damage, the owner was obliged to offer a compensation or give up the beast ; (siqUADRUPESPAU- periem {damnum) faxit, dominus nox^ /Estimiam {damni astimationem) offerto : si nollit, c^uod nox- IT DATO). There was no action for ingratitude, {actio ingrati) as a- mongthe Macedonians, or rather Persians ; because, says Seneca, all the courts at Rome, {omnia fora, sc. tria, de Ir. ii. 9.) would scarcely have been sufficient for trying it, Se. nee. Benef. iii. 6. He adds a better reason ; qxtia hoc cru men legem cadere non debet, c. 7. 4. Mixed an(/ Arbitrary Actions. Actions by which one sued for a thing, {rem perseque- batur), were called .^■ictiones rei persecutori^. But ac- tions merely for a penalty or punishment, were called PQi- NALES ; for both, mixt^. Actions in which the judge was obliged to determine Judicial Proceedings, ^c. 25<^ :>irictly, according to the convention of parties, were called Actiones STKICTI JURIS : actions which were determin- ed b' th^ rules of equity, {ex cequo et bono), were called ARBITRARI/E, or BON.E FIDEL In the former a certain thing, or the performance of a certain thing, {certa prestatw), was re-quired; a sponsio was made, and the judge Av:is restricted to a certain form ; in the latter, the contrary of all this was the case. Hence in the form of actions bones fidei about contracts, these words were added. Ex bona piDE ; in those trusts called 75"^/wr?>, Ut inter bonos BENE AGiEK opoRTET, ET SINE FRAUDATioNE ; and in a qucs- tioM about recovering a wife's portion after a divorce, (in ar- ^eVn'o rcz «a:(?r?», and in all arbitrary actions, Quantum, z;tf/(^uiD ^quius, melius, Cic-de Ojffic* iii. 15. Q. Rose. 4-. Topic. 17. IV. DIFFERENT KINDS OF JUDGES; JUDICES, ARBITRI, RECUPERATORES, ET CENTUM- VIRI. AFTER the form of the writ was made out, {concepta actionis intentione), and shewn to the defendant, the plaintiff requested of the praetor to appoint one person or more to judge of it, (judicem wt\ judicium in earn a pratore postulabat). If he only asked one, he asked 2i judex, properly so called, or an arbiter. If he asked more than one, iju. dictum), he asked either those who were called Recupera- tores or Centumviri. 1. A JUDEX judged both of fact and of law, but only in such cases as were easy and of smaller importance, and which he was obliged to determine according to an express law, or a certain form prescribed to him by the prsetor. 2. An ARBITERjudged in those causes which were call- ed bona fidei, and arbitrary ; and was not restricted by any law or form, {totius rei arbitrium habuit et potestatem, he determined what seemed equitable in a thing notsuffiv icntly defined bylaw, Festus), Cic. pro Rose. Corn. 4. 5. Off^Vii. 16. Topic. 10. Senec. de Bene/, iii. 3. 7. Hence he is called HONORARIUS, Cic. Tusc. v. 41. de Fato, 17. Ad arbi- trum vd judicem ire, adire, confugere Cic. pro Rose. Com. 4, arbitrum sumere, ibid, caper e, Ter. Heaut. iii. 1. 94- A- 266 ROMAN ANTIQUITIES. delph. i. 2. 43. Arbitrun adigere,!. e- ad ar bit rum a- gere vel cogere^ to force one to submit to an arbitration, Cic, Off iii. 16- Top. 10. Ad Arhitrum vocare vel appel- lere, Piaut. Rud. iv. 3. 99. 104. Ad vel avuh judicem a- gere experin, litigare, petere. But arbiter and judex, arbi- trium and judicium are sometimes confounded, Cic. jRosC' Com. 4. 9. Am. 39. Mur. 12- Quint. 3. Arbiter is also s(^me- times put for testis, Fiace. 36. Sidlust. Cat. 20. Liv. ii. 4. or the masttr or director of a feast, arbiter bibendi., Hor. Od. ii. 7. 23. arbiter Adri^e, ruler, Id. i- 3. maris, having a prospect of, Id. Epist. i. 11. 26. A person chosen by two parties by compromise {ex com- promisso)., to determine a difference without the appointment of the praetor, was also called arbiter^ but more properly COMPROMISSARIUS, 3. RECUPERATORES were so called, because by them every one recovered his own, Theopil. ad- Inst. This name at first was given to those who judged between the Roman people and foreign states, about recovering and res- toring private things, Festus in reciperatio; and hence it was transferred to those judges who were appointed by the prastor for a similar purpose in private controversies* Plaut. Bacch. ii. 3. v. 36- Cic. in Cacin. 1. &c. Ccecil. 17. But afterwards they judged also about other matters, Liv. XX vi. 48. Suet. Ner- 17. Domit. 8. Gell. xx. 1. They were chosen from Roman citizens at large, according to some ; but more properly, according to others, from the judices SELECTi, (ex albo judicum, from the list of judg<^s), Plin. Ep. iii. 20. and in some cases only from the senate, Liv. xliii. 2. So in the provinces (ex conventu Romanorum civi- um i. e. ex Romanis civibus qui juris et judiciorum causa in certumlocum coNVEiiiREsoleba'ft. See. p. 173.) Cic. Verr. ii. 13. V. 5. 3^. 59. 69- C^^s. de Bell. Civ. ii. 20. 3^. iii. 21. 29. where they seem to have judged of the same causes as the Centumviri at Rome, Cic. Verr. iii. 11. 13. 28. 59. A trial before the Recuperator es., was called Judicium recuperato. BiuM, Cic. de Invent, ii. 20- Suet. Vespas. 3. cum aliquo recuperatores sumere, vel cum ad recuperatores adducere^ to bring one to such a trial, Lw. xliii. 2. 4. CENTUMVIRI were judges chosen from the thirty. Judicial Proceedings, ^c. 5261 five tribes, three from each ; so that properly there were 105 : but they were always named by around number, cemtum- viui, Ffstiis. The causes which came before them (caustc ctutumvmiles) are enumerated by Cicero, dc Orat. i. 38- They seem to have been first instituted soon after the crea- tion of tlic Praetor Peregrinus. They judged chiefly con- cerning testaments and inheritances, Cic. ibid. — pro Ccecin. 18. Faler. Max. vii. 7. Quinctti. iv. 7. Fhn. iv. 0. 32. Alter the time (^f Augustus they formed the council of the pr^tor, aniljudged in the most important causes, Tacit, de Orat. 38. 'vhence trials before them (JUDICTA CKN- TUMVIR VIJA), are sometimes distinguished from pri- vate trials. Fhn. Ep. 1. 18. vi. 4. 33- Qiiinctil. iv. 1- v. 10. but these were not criminal trials, as some have thought. Suet. Fesp. 10. for in a certain sense all trials were public, (JuDiciA PUBLIC a), Cic. pro Arch. 2. The number of the Centumviri was increased to 180: and they were divided into four councils, F/in. Eu. 1. 18. iv. 24. vi. 33. Qiimctil. X'l. 5. Hence Quadruplex judi- cium, is the same as centumvirale, ibid, sometimes only into two, Quinctii. v. 2. xi. 1. and sometimes in i-mportant causes they jtidged altogether, Faler. Max. vii- 8. 1. Fhn- Ep. vi- 33- A cause before the Centumviri could not be ad- journed, Flin. Ep. 1. 18. Ten men (DECEMVIRI) see p. 159. were appointed, five senators and five eqaites, to assemble these councils, and presi^^e in them in the absence of the praetor, Suet. Aug- 36. Trials before the centumviri were held usually in \ht Ba- silica .Julia., Plin. Ep. ii. 24. Quinctii. xii. 5. sometimes in the Forum. They had a spear set upright before them, Quinctii. V. 2. Hence ywo??'5. Ep. i. 19. 8. and where tlie usurers met, Cic. Sext. 8. Ovid, de Rem. Am. 561. It appears to have been different from the Puteal, under which the whetstone and razor of Attivis Navius were deposited, Cic. de Divin. i. 17. in the comitium at the left side of the senate-house, Liv. i. 36. The Romans, in solemn oaths, used to hold a flint-stone in theif right hand, saying. Si sciens fallo, tum me dies- piter, salva urbe ARCEq^uE, bonisejiciat, ut ego HUNC LAPiDEM, Festus in Lapis. Hence Jovem lapidem jurare^ for per Jovem et lapidem, Cic. Fam. vii. 1. 12. Liv. xxi. 45. xxii. 53. Gell. i. 21. T\w formula of taking an oath v/e have in Plaut. Rud. v. 2. 45 &c. and an account of different forms, Cic. Acad. iv. 47- The most solemn oath of the Romans was by their faith or honour, Dionys. ix. 10, & 48. xi. 54. ThQ judex or judicea after having sworn, took their seats in the suhsellia {quasi ad pedes pratoris') ; whence they were, called JUDICES PEDANEI ; and sedere is often put for coGNOGCEREjtojiulge, P/?/z. Ep.v. 1. vi. 33. sedere AUDiTURus, /r/. vi-31. Sedere is also applied to an advo- cate while not pleading, Plm- Ep. iii. 9. f. ThejudeXj especially if diere was but one, assumed some Judicial Proceedings, SpV- 265 lawyers to assist him with their council, (si/n advocavit, ut in consilio adcssent^ Cic. Quint- 2. in corwliwn ro^avit^ GelL xiv- 2.) whence they were called CONSiLlARll, Suet. Tib. 3:^, Claud 12. ir any one of the parties were absent without a just excuse, he Wds summoned i)y an edict, (see p. 131.) or l^^sthis cause, Cic. Quint. 6. If the praeior pronoimced an unjust decree in the absence of any one, the assistance of the tribunes might he implored, zOicI. 20. If both p.trties were present, they first were obliged to swear, that they did not carry on the law suit from a desire of litigation, (Calumniam juuare, vel de calumma), Liv. xxxiii. 49. Cic. Fam. viii. 8. — 1. 16. D.jurej. Qnodinjuratus in codicem rtferre noluit^ sc. quia f ahum erat^ ^nfjurare in li- tem r,on dubitety i. e. id sibi deheriy jurcjurando conjirmarey litis obtinend? dedit signum). Each of them for this service received his dole, (sportula) or a certain hire, par merces^ usually three denarii^ near2j. sterling) ; hence they were called laudic^eni, i. e. qui oh canam laudabant. This custom was introduced by one Lar- gius Licinius, who flourished under Nero and Vespasian ; and is greatly ridiculed by Pliny, Ep. ii. 14. See also, vi. 2. When a client gained his cause, he used to fix a garland of green palm {virides palma:) at his lawyer's door, Juvenal, vii. 118. When the judges heard the parties, they were said zw ope- RAM DARE, /. 18. pr. D- dc judic. How inattentive they sometimes were, we learn from Macrobius, Saturnal. iu 12. VII. THE MANNER OF GIVING JUDGMENT. THE pleadings being ended, {causa utrinque perorata)^ judgment was given after mid-day, according to the law of the Twelve Tables, Post meridiem PRiESENXi {eti- amsi unus tantum prcesens sit)^ litem addicito, i«e. de- cidito. If there was any difficulty in the cause, the judge some thues took time to consider it, diem diffindi^ i. e. differijus^ Judicial Proceedings, tsj'c. 267 i?V, UT AWPLIUS DELIBERARET, {Trr. Phorm. 11. 4. 17.) if, after all, he rem lintd imccrtain, he sairl, {dixtt \t\jura- vit), MlHI NON LIQUKT, I am not clear, Geli. xiv. 2. And thus the affair was cither left undetermined iinjudicata), Gtll. V. 10, or the ciuse was again resumed (secimda actio instituta est\ Cic. Crecin. 2. If there were several judges, judjcment was given accord- ing to the opinion of the majority, (sententia Lita est fie plii- rium sententia) ; but it was necessary that they should be all present. If their opinions were equal, it was left to the praetor to determine, /. 28, 36, ^ 38. D. de re jud. The judge commonly retired, (secessit)^ with his assessors to deliberate on the case, and pronounced judgment according to their opinion, {ex consilii sententia,) Plin. Ep. v. 1. vi. 31. The sentence was variously expressed ; in an action of freedom, thus, VIDERI sibi hunc hominem LIBE- RUM ; in an action of injuries, VIDERI jure fecisse vel NON FECISSE ; in actions of contracts, if the cause '.vas given in favour of the plaintiff, Titium Seio centum coNDEMNo ; if in favour of the defendant, Secundum ILEUM litem do, Fal. Max. ii. 8. 2. An «r/jz>rTgavejudgment, (arhitrium pronunciavit J , thus, ARBITROR TE HOC MODO SATISFACERE ACTORI DE- BE RE. If the defendant did not submit to his decision, then the arbiter ordered the plaintiff to declare upon oath, at how much he estimated his damages, {qiianti litem eesti- maret)^ and then he passed sentence, {sententiam tuht), and condemned the defendant to pay him that sum : thus, Ce n- TUM DE qUIBUS ACTOR IN LITEM JURAVIT, REDDE, /. 18. D. de dolo malo. VIII. WHAT FOLLOWED AFTER JUDGMENT WAS GIVEN. 4 FTER judgment was given, and the law.- suit was de- -^^ termined, {lite dijudicata), the conquered party was obliged to do or pay what was decreed, judic a tum face- re vel SOLVERE) ; and if he failed, or did not find securi- ties, (sponsores vel vindicesj, within thirty days, he was giv- en up, (jUDicATus,i- e. damnatiis et addictus est), by the praetor to his adversarj% (to which custom Horace aK 26S ROMAN ANTIQUITIES. ludes, Od. 111. 3, 23.) and led away (abductus) by him to servitude, Cic. Flacc. 19. Liv. vi. 14, 34. &.c. Plant. Pcen. 'in. 3, 94. Asm. v. 2, 87. Gell. xx. 1. These thirty days are called in the Twelve Tables, DIES JUSTI ; kebus jure judi- CATIS, XXX. DIES JUSTI SUNTO, POST DEINDE MANUS IN JECTIO ES- TO, IN JUS DUCITO. ScC p. 49. After sentence was passed, the matter could not be alter- ed : hence agere actum, to labour in vain, Cic, Amic. 22. Attic, ix. 18- ftr. Phurm. ii. 2, 72. Actum est ; acta est res ; perii, all is over, I am undone, ler. Andr. iii. 1. l.A- delph' iii. 2. 7 Cic. Fam. xiv. 3- Actum est de me, I am ruin- ed, Plaut. Pseud, i. 1, 83. De Strvio actum rati^ that all was over with Servius, that he was slain, Liv. i. 47. So Suet» JVer. 42. Actum (i. e. ratum) habebo quod egeris, Cic. Tusc. iii. 21. In certain cases, especially when any mistake or fraud had been committed, the prastor reversed the sentence of the judges, Cre?njudicatam rescidit); in which case he was said damnatos in iNTEGRpeople in criminal tri::ds, Suet. Cas. 12. At first this might be done freely, {.dntea vacuum idsolu- tifmguepoena/uej'at),b\itd.heY\vi\r(ls under a certain penalty, Tacit. Annal. xiv. 28- Caligula prohibited any appeal to him, C magistratibus liberam jurisdictiunem^ et sine sui pro- vocatione concessit). Suet* Cal. 16. Nero ordered all appeals to be made from private judges to the senate, Suet. JVcr. 17. and under the same penalty as to the emperor, iut ejusdem pecunia periculumfacerent, cujiis^ ii qui imperatore?n appeU lavere). Tacit, ibid. So Hadrian, Digest, xliv. 2, 2. Kven the emperor might be requested l;y a petition (libello), to review his own decrees, (sententiamsuam retrac- tare)- f 270 IROMAN ANTIQUITIES. II. CRIMINAL TRIALS, (PUBLICA JUDICIA). CRIMINAL trials were at first held {exercehantur) by the kings, Dionys. ii. 14. with the assistance of a coun- cil, {cum consilio), Liv. i. 49. The king judged of great crimes himself, and left smaller crimes to the judgment of the senators. TuUus Hostilius appointed two persons (DUUMVIRI) to try Horatius for killhig his sister, (qui Horatio perduelli- onemjudicarent)^ and allowed an appeal from their sentence to the people, Liv. i. 26. Tarquinius Superbus, judged of capital crimes by himself alone, without any counsellers, JLiv. i. 49- After the expulsion of Tarquin, the consuls at first judged and punished capital crimes, Liv. ii. 5. Dionys. x. 1. But after the law of Poplicola concerning the liberty of appeal, (see p. 117.) the people either judged themselves in capital affairs, or appointed certain persons for that purpose, with the concurrence of the senate, who were called QUiESL TORES, or Quastores paricidii, (see p. 134.) Sometimes the consuls were appointed, Liv. iv. 51. Sometimes a dicta- tor and master of horse, Liv. ix. 26. who were then called Qu^SITORES. The senate also sometimes judged in capital affairs, Sal- lust. Cat. 51, 52. or appointed persons to do so, Liv. ix. 26. But after the institution of the Quastiones perpetme^ (see p. 134.) certain prsetors always took cognizance of certain crimes, and the senate or people seldom interfered in this matter, unless by way of appeal, or on extraordinary occa- sions. L CRIMINAL TRIALS before the PEOPLE. rpRIALS before the people (JUDICIA ad popiilum,) -■- were at first held in the Comitia Curiata, Cic. pro Mil. 3. Of this, however, we have only the example of Horatius, ibid. After the institution of the Comitia Centuriata and Tribu- ta, all trials before the people were held in them ; capital trials, in the Comitia Centuriata ; and concerning a fine, in the Tributa. Judicial Proceedings, &c. 27i Those trials were cnllocl CAPITAL, which respected the life or liberty oi a Ronian eiiizeii. There was one trial of thib kind neld in the Comitia by tribes, namely of Coriola- nus, Liv. ii. 35. but tliai was irregular, and conducted with violence, Dionys. vii. 38, kc. Sometimes a person was said to undergo a capital trial, periculum capitis adire^ causam capitis \&\ pro capite dicere^ in a civil action, when, besides the loss of fortune, his char- acter Was at stake, {cum judicium esset defamafortunisque), Cic. pro Quint. 9. 15, 15. Off. i. 12. The method ot proceeding in both Comitia was the same ; and it was requisite that some magistrate should be the ac- cuser. In the Comitia Tributa the inferior magistrates were usu- ally the accusers, as the tribunes or aediles, Liv. iii. 55, iv. 21. Val. Max. vi. 1, 7. Gell. x. 6 ; ii\ the Comitia Centuri- c^r2,t he superior magistrates, as the consuls or prretors ; some- times, also the inferior, as, the quaestors or tribunes, Liv. ii. 41. iii. 24, 25. vi. 20. But they are supposed to have acted by the authority of the consuls. No person could be brought to atrial, unless in a private station. But sometimes this rule was violated, Cic. pro Flacc. 3. Liv. xliii. 16. The magistrate who was to accuse any one, having call- ed an assembly, and mounted the Rostra, declared that he would, against a certain day, accuse a particular person of a particular crime, and ordered that the person accused (riy, in which the people by their suffrages should determine the fate of the criminal. If the punishment proposi d was only a fine, and a tribune the accuser, lie could summon tlie Co» mitia Tnfmta himself; but if the trial was capital, he asked a day for the Comuia Cmturiata from the consul, or in his absence, fn^m the prnetor, Liv. xxvi. 3 xliii. 16. In a ca- pital trial the people were called to the Comitia by a trum- pet, Cclassico), Seneca de Ira, \. 16- The criminal and his friends in the mean time used every method to induce the accuser to drop his accusation, (accw- sattone desistere)- If he did Sf"), he anpeared in the assembly of the people, and said SKMPRONJUM NIHIL MO- ROR, Liv. iv. 42. vi. 5. Ifthi^ could not be effected, the usual arts were tried to prevent the people from voting, (see p. 96.) or to move their compassion, Liv. vi. 20. xliii^ 16. Ge/L iii. 4. The criminal laying aside his usu.il robe, (to^^a alha) put on a sordid, i. e. a ragged and old go>vn, {sordidam et ohsole- tam) Liv. ii. 61. Cic. Verr. i. S^. not a mourning oneipul- lam vel atram), as some have thought ; and in this girb went round and supplicated the citizens ; whence sordes or squalor is put for guilt, and sordidati or sqiialidi for crimi- nals. His friends and relations, and others who chose, did. the same, Liv. iii. 58. Cic. pro Sext. 14. When Cicero was impeached by Clodius, not only iheequitcsy and many young' noblemen of their own accord, {privato consensu), but the whole senate, by pnl^iic consent, (publico consilio) , chitngecl their habit (vestem mutahant) on his account, ibid. 11, 12, which he bitterly complains was prohibited by an edict of the consuls, c. 14. Pis. 8, & 18. post redit in Sen. 7. Dio. ■xxxvii. 16. The people gave their votes in the same manner in a trial, as in passing a law- (See p. 100.) Liv. xxv. 4. If any thing prevented the people from voting on the day of the Comitia, the crimii^cd was discharged, and the trial could not again be resumed, Csi qua res ilium diem aut aus- plots au* excusatione sustuUt, tota causa judiciumque sub- latum eH), Cic. pro Dom. 17. Thus iVktellus Celer saved Rabiriusirom being condemned, who was accused of t4ie S74 ROMAN ANTIQUITIES. murder of Saturninus forty years after it liappened, Cic. pre Rabir. by pulling down the standard, which used to be set up in the Janiculum, (see p. 90) and thus dissolving the as- sembly, Dio. xxxvii. 27. If the criminal was absent on the last day of his trial, tvhen cited by the herald, he anciently used to be called by the sound of a trumpet, before the door of his house, from the citadel, and round the walls of the city, Varr. cle Lat. JL'mg. V, 9. If still he did not appear, he was banished, (ex- ilium ei sciscebatur) ; or if he fled the country through fear, his banishment was confirmed by the Comitia Tributa, See p. IOC. II. CRIMINAL TRIALS before INQUISITORS. TNQUISiTORS(QU.^SITORES)werepersons invest- -■■- ^d with a temporary authority to try particular crimes. They vvere created first by the kings, IJv. i. 26. then by the people, usually in the Comitia Tributa, iv, 51. xxxviii. 54. and sometimes by the senate, ix. 26. xliii. 6. In the trial of Robiiius, they were, con'rary to custom, appointed by the praetor, Dio. 37, 27, Suet, Cas. 12. Their numb'^r varied. Two were usually created, (DU- UMViRI), Liv. vi. 20. sometimes three, Sallust.Jug. 40. ard sometimes only one, Ascon, in Cic. pro Mil. Their au- thority ceased when the trial was over, (see p. 134). The or- dinary magistrates were most frequently appointed to be in- quisitors ; but sometimes also private persons, Liv. passim. There was sometimes an appeal made from the sentence of the inquisitors to the people, as in the case of Rabirius, Suet, Ctes. 1 1- Dio. xxxvii. 27. HencG Def err e judicium a subselli- is in rostra^ i. e. ajudicibus ad populum, Cic. Cluent. 6. Inquisitors had the same authority, and seem to have con- ducted trials with the sam.e formalities and attendants, as the praetors did after the institution of the Qucestiones per- pettics. 1 o the office of QiKesitores Virgil alludes, jEn, vi. 432. Ascon. in action, in Verr. CRIMINAL TRIALS before the PRAETORS. THE praetors at first judged only in civil causes; and only two of them in these, the praetor Urbanus and /*ce called Jurati homines, Cie. Act. in Fnrr. 13. The Praeror himself did not swear, ibid. 9. Then their names »vere marked dovvn in a book, {libellis consip^nahan^ turj, and they took their seats, (subsellia occupabantj, As- con, in V'err. act. i. 6. The triru now began : and the accuser proceeded to prove his charge, which he usually did in two actions, {duobus actionibus). in the first action, iie produced his evidence or proois : and in the second he enforced them. The proofs were of three kinds, the declaration of slaves extorted by torture. (QUiESTIONES), the testimony of free citizeuLs, (TES ri:^>5), and writings, (TABUL/E). 1. Qu^tSSTiONES. The slaves of the defendant were demanded by the prosecutor to be examined by torture in several trials, chiefly fur murder aiid violence. But slaves could not be examined in this manner against their mas- ter's life, Cin caput dominij except in the case of incest, or a conspiracy agamst the state, Cic. Topic. 34. Mil. 20^ Dtjot. 1. Augustus, in order to elude this law, and sub- ject the slaves of the crimiiial to torture, ordered that they should be sold to die public, or to hnnself, Dio^ Iv. 5. Ti- PP ^S2 ROMAN ANTIQUITIES, berius, to the public prosecutor ; Mancipari puitlico AC TORI juBET, Tacit.Annal ii. 30. iii. 67. but the ancient Jaw was afterwards restored by Adrian and the Antonines, D. xlviii. 18. de qiicest. The slaves of others also were sometimes demanded to be examined by torture ; but not without the consent of their master, and the accuser giving security, that if they were maimed or killed during the torture, he would make up the damage, ibid. When slaves were examined by torture, they were stretch- ed on a machine, called ECULEUS, or Equuleus^ having their legs and arms tied to it with ropes, ifidiculis^ Suet. Tib. 62. Cal. 33.) and being raised upright, as if suspended on a cross, their members were distended by means of screws, per cochleas)^ sometimes till they were dislocated, {utossi- um compago resolveretiir) ; hence Eculeo longiorf actus, Senec. Epist. 8. To increase the pain, plates of red hot iron,, {lamina candentes), pincers, burning pitch, &c. were ap- plied to them. But some give a diiferent account of this matter. The confessions of slaves extorted by the rack, were written down on tables, which they sealed up till they were produced in court, Cic. Mil. 22. Private persons also some- times examined their slaves by torture, Cic. pro Cluent. 63. 66. Masters frequently manumitted their slaves, that they might be exempted from this cruelty, LiV' viii. 15. Cic. MiL 21. forn<^ R.man citizen could be scourged or put to the rack, Cic' Verr, v. 63. But the emperor Tiberius subjected free citizens to the torture, Dio. Ivii. 19. 2. TESTES, Free citizens gave their testimony iipoa oath, (Ju7'ati), The form of interrogating them was, Sexte TeMPANI, qU^EO EX TE, ARBITRERISNE, C. ScmprO- nium in tempore pugnam inisse ? Liv. iv. 40. The witness answered, Arbitror vel non arbitror, Cic.Acad.iY, 47. pro Font. 9. , Witnesses were either voluntary or involuntary yQuinctili- an. V. 7. With 'regard to both, the prosecutor, {actor vel ac- c«5a^or) was said. Testes dare, adhibere^ citare, colli-- sere, edere^proferre^ subornare^ytl prod u cere, Cic. Ferr, Judicial Proceedings, be. 283 i. 18- V. 63. Fin. ii. 19, Juvenal, xvi. 29, Sec. Testibus UTi, Cic. JRosc. .dm. 36. Witli regard to the latter, lis TESTIMONIUM DENUNciAKE, to summon thcm under a penalty, as iii England by a writ called a subtoena, Cic. ibid. 38. in Ferr.l. 19. Jnvitos evocare, F/in. Ep. iii. 9. The prosecutor only was allowed to summon witnesses against their will, Qmnctil. v. 7. Flin. Ep- v. 20 vi. 5. and of these a different number by different laws, Fal. Max. viii. 1. Frontin. de limit. 5. usually no more than ten, D. de testib. Witnesses were said Testimonium dice re, dare, per- hiberc, prabere, also pro tfstimonio audiri^ Suet. Claud. 15. The phrase deposition Es testium, is not used by the classics, but only in the civil law. Those previously en- gaged to give evidence in favour of any one, were called Alligati, Cic- ad Ftatr. ii. 3. Isidor- v. 23 ; if instructed •what to say, subornati, Cic. Rose. Coin. 17. Flin. Ep, iii. 9. Persons might give evidence, although absent, by writing, {per tabulcis) ; but it was necessary that this should be done voluntarily, and before witnesses, ^prasentibus sign at o- RiBus), Quinctil- v. 7. The character and condition of witnesses were particular- ly attended to, (diligentur expendebantiirj, Cic. pro Flacc. 5. No one was obliged to be a witness against a near relation or friend, by the Jidian law, /. 4. D. de Testib. and never (moremajorum) in his own cause, (de re sua), Cic- Rose. Am. ^e>. The witnesses of each party had particular benches in the Forum, on which they sat, Cic. pro Q.Fosc. 13. Quinc- til. V. 7. Great dexterity was shewn in interrogating witnesses, Cic. pro Flacc. 10. Donat. in Teren- Eunuch, iv. 4. v. 3o. Quinctil. v. 7. Persons of an infamous character were not admitted to give evidence, {testes non adhihiti sunt), and therefore were called INTESTABILES, Plaut. CurcuL i. 5. v. 30. He- rat. Sat- ii. 3. V. 181. Gell. vi. 7. vii. 18. as those likewise were, who being once called as witnesses, {antcstuti, v. iyi 284 ROMAN ANTIQUITIES. testimonium adhihitij ^ afterwards refused to give their testi- mony, Gdl. XV- 13. Women anciently were not admitted as witnesses, GelL vi. 7. but in after times they were, Cie, Vtrr. i. 37. A false witness, by the law of the T'^-elve Tables, was thrown from the Tarpeian rock, Gtll. xx. 1. hut after- wards 'the punishment was arbitrary, /. 16. Z). de Festib. et Sent. v. 25. h 2. exctpt in war, where a false witness was beaten to death with sticks by his fellow-soldiers, Po- lyh. vi. ^^. 3. TABULA. By this name were called writings of every l^ind, which could be of use to pfove the charge; particularly account- books, ( tabula; accepti et expensiJy letters, bills or bonds, fsyngrapha^J ^ &c. In a trial for extortion, the account-books of the person accused were commonly sealed up, and afterwards at the trial delivered to thejudges for their inspection, Cic. Vtrr. i. 23, 61. BaU). 5. The ancient Romans used to make out their private accounts, ftabulis^c. accepti et expensi confi. cere vel domesticas ration es .scriberej^ and keep them with great care. They marked down the occurrences of each day first in a notebook, (adversaeia, -or«m>', which was kept only for a month, {tnknstrua erant ;J and then transcribed by them into what we call a Ledger^ (codex vel tabula)^ which was preserved for ever, Cic. Quint. 2. But many dropped this custom, after the laws ordered a man's papers to be sealed up, when he was accused of certain crimes, and produced in court as evidences against him, Cic. Ftrr. j. 23, 39R0SC. Com. 2. Ccel. 7. Att. xii. 5. Tusc, V. 33. Suet. C(ss. 47. The prosecutor having produced these different kinds of evidence, explained and enforced them in a speech, some- times in two or more speeches, Cic. in Verr. Then the ad- vocates of the criminal replied ; and their defence sometimes lasted for several days, Ascoju in Cic. pro Cornel. In the end of their speeches (in epilogo vel ptrorationej , they tried to move the^ compassion of the judices ; and for that purpose often introduced the children of the criminal, Cic. pro Sext. 69. In ancient times only one counsel was allowed to each side, Flin, Ep, i- 20. Judicial Proceedings, bV. c285 In certain causes persons were bronglit to attest the cha- racter 6. Tactt. Annul, v. 1. xvi. 6. by an orator or cliief magistrate, Flin. Ep. ii. 1. Each orator, when he finished, said DIXl ; and when all the pleadi!!gs were ended, a herald called out, DIXERUNT, vel -ERE, Ascon. in Cic. Donat. in Fer. Fiiorm. ii. 3. 90, &; sc. 4. Then the praetor sent the judices to give their verdict, (in consilium mittebat^ ut sententiam ftrrent vel dicerent)^ Cic, Verr. i. 9. Cluent 27, 30. upon which they arose, and went to deliberate for a little among themselves, ibid. Sometimes they passed sentence {sententiasjerebant') viva voce,in open court, but usually by ballot. The prjetor gave to G-^cti judex three tablets : on one was written the letter C, for cotidf^mnOf I condemn ; on another, the letter A, for absolvo, I acquit ; and on a third, N. L. non liquet, sc. mi/iiy I am not clear, C^s- B- Civ. iii. 83. Each of thk judices threw which of these tablets he thought proper into an urn. There was an urn for each order of judges ; one for the senators, another for the equites^ and a third for the tribuni a-rariiy Cic. ad Q. Fratr- ii. 6. The prsetor, having taken out and counted the ballots, pro- nounced sentence according to the opinion of the majority, iex plurium sententia), in a certain form. If a majority gave in the letter C, the praetor said Videtltr fecisse, guilty, Cic. Ferr. v. 6. Acad. iv. 47. If the letter A, Now vide- TUR fecisse, not guilty. If N. L. the cause was deferred, (causa ampliata 1.^1), Ascon, in C^c. The letter A was called LITERA SALUTARIS, and the tablet on which it was marked, tabella, absoluto- RiA, Suet, Aug. 33. and C, litera TRISTIS, Cic Mil. 6. 286 ROMAN ANTIQUITIES. the tablet, damnatoria, Suet. ibid. Among the Greeks, the condemning letter was ®, because it was the firat letter of i?av«re5, dcath *. hcHce called mortiferum^ Martial, vii. 36. and m^ru.rij Pers. Sat. 4. v. 13. rheir acquitting letter is unccruiin. It \T3.s anciently the custom to use white and black peb- bles Qaf)illi vel calcidi) in voting at trials : Mos erat anti- quis niveis atrisque lapillis^ His damnare reos. illis absolvere culpUy Ovid. Met. xv. 41- Hence causa paucoriim calculo- rum, a cause of small importance, where there were few judges to vote, Quinctil viii. 3. Omnis calculus immtttm de- mittitur ater in urnam^ He is condemned by all the judges, Ovid, ibid, 44. Reportare calculum deteriorem, to be con- demned ; melmrem, to be acquitted, Corp. Juris- — Errori album calculum adjicere, to pardon or excuse, Plin- Epist. i. 2. To this Horace is thought to allude. Sat. ii. 3. 246. Creta an carbone notandi ? are they to be approved or con- demned ? and Persius, Sat. v. 108. but more probably to the Roman custom of marking in their kalendar unlucky days with black, fear hone, with charcoal ; whence dies atri for infaustij, and lucky days with white, icreta vel cressa nota^ with chalk, Horat. Od'i. ^&, 10. called Creta, or terra Cressa vel Cretica, because it was brought from that island :) Hence notare vel signare diem lactea gemma vel alba, ms- liorihus lapillis, vel albis calculis, to mark a day as fortunate, Martial, viii. 45. ix. S^y- xi. 37. Pers. Sat. ii. 1. Plin- Ep. vi. 11- This custom is said to have been borrowed from the Thracians, or Scythians, who every evening, before they slept, threw into an urn or quiver, a white pebble, if the day had passed agreeablj^ ; but if not, a black one. And at their death by coimting the pebbles, their life was judged to have been happy or unhappy, Plin- vii. 40. To this Mar- tial beautifully alludes, xii. 34. The Athenians, in voting about the banishment of a ci- tizen who was suspected to be too powerful, used shells, (««•- ■T^»xtt tested \q\ testulccj, on which those who were for banish- ing him wrote his name, and threw each his shell into an urn. This was done in a popular assembly ; and if the num- ber of shells amounted to 6000, he was banished for ten years (testarum snffragiis J hy an ostracism, as it wa§ Judicial ProceedinCs, C^^r, 287 willed, Nef). in Themut. 8. Aristid. 1. Cun. 3. Dioclorus says, for five years, xi. 55. When the oumbcr of jiidgfswho condemned, and of those who acqui^tfYl, wns cquul, tho criminal \\a^ v,:q ;iirt;"«l, Cic, Cluent. 27. Plutarch' in il/am, (see p. 100.)Calculo Mi- ne rv /E, by the vote of Min\ Cic. Vcrr. i-9. et Ascon. ibi, &c- Then the defender spoke first, snd rlie accuser replied; after which sentence was passed. This was done, although the cause was perfectly clear, by the Glaiician law ; but before that, by the Acillian law^ criminals v.'ere condemned after one hearing, fsemel dicta causa., semel auditis testibus)., ibid. When there was any obscurity in the cause, and the jw- dices were uncertain whether to condemn or acquit the cri- minal, which they expressed by giving in the tablets, on which the letters N. L. were ^vritien, and the prsetor, by pro- nouncing AMPLIUS, Cic. ihnL tlie eause was deferred t» 288 ROMAN ANTIQUITIES. any day the prsetor chose to name. This was called Am-^ PLiATio ; and the criminal or cause was said amphari ; which sometimes was done several times, and ti.e c iuse pleaded each time anew, Cic. Brut. 22. Bis ampliatus, ter- tio absolutus est reus, Liv- xliii. 2. So iv. 44. Causa L. Cot- tes septies ampliata, et ad ultimum octavo judicio absoluta est, Valer. Max. viii- 1, 11- Somttimes the praetor, to gratify the criminal or his friends, put off the trial till he should re- sign his office, and thus not have it in his power to pass sen- tence Cne diceret jus) upon him, Lw. xli. 22. If the criminal was acquitted, he went home, and resumed his usual dress (sordido habifu posito, nlbam togam resun-ie- bat). If there was ground for it, he might bring his accuser to a trial for false accusation, (c alumni^), or for what was called PRiEVARlCATIO ; th\t is, betraying the cause of one's client, and by neglect or collusion assisting his oppo- nent, Cic. Topic- 36. Plin.E;)ist. i.20. iii. 9. Quinctil.iK.2. Pr^^varicap. I, comp. oiprcs^tx varico, v. -or (from va- rus, bow or bandy-legged, crura incurvn habens), signifies properly to straddle, to stand or walk wide, with the feet too far removed from one another, not to go straight, Carator, ni- siineurvus, praevrsricatur, i. e. non rectum sulcum agit, vt-I a recto sulco diver tit, PHn.) Hence, to hhnffle, to play fast and loose, to act deceitfully, (in contrariis causis quasi varie es- se positus, Cic. ibid.) If the criminal was condemned, he was punished by law according to the nature of his crime. Under the emperors, most criminal causes were tried in the senate, ( Dio. Ivii. 16. et alibi passim,) who could either miti- gate or extend the rigour of the laws, {mitigare leges et inten- dere,) Plin. Ep. ii. 11. iv. 9- although this was sometimes contested ; {altis cognitionem senatus lege conclusam, aliis liberam solutamque dicentibusJ , id. If a person was charged v^ith a particular crime, compre- hended in a particular law, select judges were appointed ; but if the crimes were various, and of an atrocious nature, the senate itself judged of them, Plin. ii- 10. as the people did formerly ; whose power Tiberius, by tlie suppression of the Corz-i^^iiz, transferred to the senate, Tacit. AnnaL\. 15. When any province complained of tlieir governors, and sent anibas. Judicial Proceedings, ^C' 2B9- 5adors to prosecute them, {le juntos vel inquisitores mittebant^ qui in eos inquisitionem postu/arent), the cause was tried in the senate ; ' wlio appcjintcd certain persons of their own number to be advocates, Piin. Ep. ii. 11. iii. 9. commonly such as the province requested, ibid. iii. 4. When the senate took cognizance of a cause, it was said suscipere vel recipcre coj^mtionem, and dare inquisition em ^ Plin. Ep. vi. 29. when it appf)inted certain persons to plead Qwy cause, dare advoc atos, v. patronos, Id. ii. 11. iii* 4. vi. 29. vii- 6, 33. So the emperor, Id. vi 22. When se- veral advocates either proposed or excused themselves, it was determined by lot, who should manage the cause, (wowi- na in urnam conjecta sunt J, Id- x. 20- When the criminal was brought into the senate-house by the lictors, he was said esse in ductus, Id. ii. 11, 12. v. 4^ 13. So the prosecutors, Id. v. 20. When an advocatebegan toplead, he was said, descendere nt acturus., ad agendum \t\ ad accusandum. Id. v. 13. be- cause perhaps he stood in a lower place tlian that in which, the judges sat, or came from a place of ease and safety to a place of difficulty and danger ; thus descendere in aciem^ v» pralium^ in campum v. Jorum, &c. to go on and finish the cause, causam peragere v. perferre, ib. If an advocate be- trayed the cause of his client, {si prtevaricatus essetj he was suspended from the exercise of his profession, (ei advocati^ onibus interdictum est), or otherwise punished, ibid- An experienced advocate commonly assumed a young- one in the same cause with him, to introduce him at the bar, and recommend him to notice, {prodiicere, ostendere fama^ et assignare fanu , Plin. Ep- vi. 23.) After the senate passed sentence, criminals used to be executed without delay. But Tiberius caused a decree to be made, that no one condemned by the senate should be put to death within ten days ; that the emperor, if absent from the city, might have time to consider their sentence, and prevent the execution of it, if he thought proper, Dio. Ivii- 20. Iviii. 27. Tacit. AnnaU iii. 51. Suet, Ttb> 75. Seme. tranq. «r- 294 ROMAN ANTIQUITIES. tro Jove^ by the favour of Jupiter, Pers. v. 114. Incolumi Jove^ i.e. Capitolio, ubi Jupiter colebatur^ Horat- Od-iii. 5, 12. 2. JUNO, the wife and sister of Jupiter, queen of the gods, the goddess of marriage and of child-birth ; — called Juno regina vel regia ; Pronuba, (quod nubentibas praesset, Serv. in Virg. jEn. iv. 166. Ovid Ep. vi. 43. Sa~ cris pr 'A6. Also supp'^sed to be the same with Libitina, the goddess of funerals, Dio. nys. iv. 15. whom some make the same with Proserpine, Plutarch, in JVufna, 67 — often put for love, or the indul- gence of It : Danmosa Venus, Horat. Ed. i. 18, 21, Seraj'u; 298 ROMAN ANTIQUITIES, "venumVemis^ eoque inexhaustapiibertas^ Tacit- de mor. Germ. 20. — -for a mistress, Hurat. Sat- i. 2, 119. — 4. 113> Firg. JEc\ iii. 68 - — for beauty, comeliness or grace, Plant * Stick, ii. 1, 5. TabuliS p'lctce Venus ^ vel Venustas^ quam Gi'cect ;b«f"'» vocunt, Plin. xxxv. 10, s. 36. Dictndi veneres y the graces, Qui/tctiiian.x. 1. Fenerem habere^ Senec. Be- nef ii. 28. Cicero says, there were more than one Venus, Kat, D. iii. 23. (Venus dicta^ quod ad omnesres veniret; atque ex ea venustas^ Id. ii. 27o et Venerii, i. e- servi Ve- neris^ id. Ccecil. 17.) The tree most acceptable to Venus was the myrtle, Firg» Eel vii. 62. ^ SerV' in toe. Mn. v. 72. hence she was call- ed Mfrtea, and by corruption, Murcia, Plin. xv. 29, s. 36. Plutarch, qu^st. Pom. 20. Farr. L. L. iv. 32. Serv. in Firg. j^n. viii. 635. and the month most agreeable to her was April, because it produces flowers ; hence called mensis Veneris, Horat. Od. iv. 11. 1.5. on the first day of which the matrons, crowned with myrtle, used to bathe themselves in the Tyber, near the temple of For tun a virilis, to whom they offered frankincense, that she would conceal their defects from their husbands, Ovid- Fast. iv. 139, &,c. The attendants of Venus were her son CUPID, or ra- ther the Cupids, for there were many of them ; but two most remarkable, one (Eros) who caused love, and the other {Anteros) who made it cease, or produced mutual love ; painted with wings, a quiver, bow, and darts : The three GRACES, Gratia vel Charites^ Aglaia or Pasithea, Tha- lia^ and Euphrosyne^ represented generally naked, with their hands joined together; and NYMPHS, dancing with the Graces, and Venus at their head, Horat. Od. i. 4, 5. — 80, 6. ii. 8, 13. Senec. Belief, i. 3. 8. VULCANUS vdMulclber, the god of fire, (Ignipc TENS, Virg. X. 243.)' and of smiths ; the son of Jupiter and Juno, and husband of Venus : represented as a lame black- smith, hardened from the forge, with a fiery red face whilst at work, and tired and heated after it. He is generally the subject of pity or ridicule to the other gods, as a cuckold and lame. Vulcan is said to have had his work-shop {qfficina') chiefly in Lemnos, and in tl^ iEolian or Lipari islands near Sicily;, Religion of the Romans. 299 or in a cave of Mount ^^tna. His workmen were the Cy- clo/jes, giants with one eye in their foreliead. who were usu- ally employed in making the thunderbolts of Jupiter, Firg. jEn. viii- 416. EsV. Hence Vulcan is represented in spring as eagerly lighting up the fires in their toilsome or strong smelling workshops, (graves ardens urit officinas), to pro- vide plenty of thunderbolts for Jupiter to throw in summer, Horat. Od. i. 4, 7. called, avidus, greedy. Id. iii. 58. as \''ir- gil calls ignis, lire, edax, from its devouring all things, ^n. ii. 758. — sometimes put for fire, id. 311. v. 662- vii. 77. Horat. Sat. 15, 74. Plant. Aniph- i. 1. 185. called lutcus from its colour, Juvenal, x. 133. from liiteum v- lutiim^ woad, the same with glastum, Cass. B. G. v. 14. which dyes yellow ; hcrba qua c^ Un. der Saturn is supposed to have been the golden age, when the earth produced food in abundance spontaneously, when all things were in common, Virg. G. i. 125. and when there was an intercourse between the gods and men upon earth ; which ceased in the brazen and iron ages, when even the virgin .4strea, or goddess of justice, herself, who remained on earth longer than the other gods, at last, provoked by the wickedness of men, left it. Ovid. Met. i. 150. The only goddess then left was Hope, Id- Pont. i. 6. 29. Saturn is painted as a decrepit old man, with a scythe in his hand, or a serpent biting off its own tail. 3* JANUS, the god of the year, who presided over the Religio}; of the liou AN s» 305 gates of heaven, and also over peace and war. He is paint- ed with two faces, {^(/{/rons^ vcl biceps J. His temple was open intiine of war, and shut in time of peace, Uv, i. 19. A street iii Rome, co'itiguoiis to the Forum, where bankers liv- ed, was called by his name ; thus Janus summus ah imo, the street Janus from lop to bottom, Uorat.Ep. i. 1. 54. medms, the middle part of it ; id. Sat. ii. 3. 18. Cic. Phi/, vi. 5. Thoroughfares ftransitiones pcrvi^J from him were called Jam, and the gates at the ^entrance of private houses, Januae, Cic. N. D. ii. 27. thus (/^x^ro Jang por^* Garment AL IS, Liv. ii. 49. 4. RHEA, the wife of Saturn ; called also Ops^ Cyhele^ Mignn Mater ^ Miter Deortim, Berecynthia, Id«a., andZ)m- dymene, from three mountains in Phrygia. She was painted as a matron, crowned with towers, (turritaj ^ sitting in a chariot drawn by lions, Ovid. Fast. iv. 249, &c. Cybule, or a sacred stone, called by the inhabitants the mother of the gods, was brought from Pessinus in Phrygia to Rome, in the time of the second Punic war, Liv. xxix, 11. & 14. 4. PLUTO, the brother of Jupiter and king of the in- fernal regions ; called also Orcus. Jupiter infernus et Sty- gius. The wife of Pluto was PROSERPIN A, the daugh- ter of Ceres., whom he carried off, as she was gathering flow- ers in the plains of Enna in Sicily ; called Juno inferna or Stygia, often confounded with Htcate and Luna or Diana ; supposed to preside over sorceries or incantations, fveneji^ cits prt^esse). There were many other infernal deities, of whom the chief were the FATES or Destinies, (PARCiE, a parcendo, vel per Antiphrasin, quod nemini par cant) , the &d\iz\'^itvs oi Jupiter and Themis, or of Erebus and Nox, three in num- ber ; Clotho, I^achesis, and Atropos, supposed to determine the life of men by spinning ; Ovid. Pont. i. 8. 64. Ep. xii. 3. C/o?//o held the distaff ; Z^c Af-^f^ span ; and Atropos cut the thread. When there was nothing on the distaff to spin, it was attended with the same effect, Ovid. Amor. ii. 6. 46. Sometimes they are all represented as employed in breaking the threads, Lucan. iii. 18. The FURIES, CEuri^e vcl Dira, Eumenides\t\ Erinnyes)., also three in nwrnb^-r. A /ecfo, S04 I^OMAN ANTIQUITIES. Tysiphone, and Meg^ra ; represented with wings, and snakes twisted in their hair ; holding in their hands a torch and a whip to torment the wicked. MORS, vel Lethum, death ; SOMNUS, sleep, &c. The punishments of the infernal regions were sometimes represented in pictures, to deter men from crimes. Plant. Captiv. v. 4. 1. 5. BACCHUS, the god of wine, the son of /^/jSz^er and Semele ; called also Liber or Ly^iis^ because wine frees the minds of men from care : described as the conqueror of In- dia; represented always young, crowned with vine or ivy leaves, sometimes with horns, hence called corniger, Ovid. Ep. xiii. '2>'^. holding in his hand a thyrsus^ or spear, bound with ivy. His chariot was drawn by tygers, lions, or lynxes, attended by Silenus^ his nurse and preceptor, Bac- chanals (frantic women, Bacchce^ Thi/ades^ vel Menades)i and satyrs, Ovid. Fast. iii. 715. — 770. Ep. iv. 47. The sacred rites of Bacchus, (Bacchanalia, ORGI A vel DionysiaJ, were celebrated every third year, (hence called trietericaJ , in the night time, chiefly on Cith«ron and Inme- nus in Boeotia, on Ismarus, Rhodope^ and Edon in Thrace. PRI APUS, the god of gardens, was the son of Bacchus and V^enus, Serv. in Firg. G. iv. iii. 6. SOL, the sun, the same with Apollo ; but sometimes also distinguished, and then supposed to be the son of Hy- perion, one of the Titans or giants produced by the earth ; who is also put for the sun. Sol was painted in a juvenile form, having his head sur- rounded with rays, and riding in a chariot drawn by four horses, attended by the /^r^ or four seasons, Fer, the spring; jjEstas, the summer ; Autumnus-, the autumn ; and Htcms, the winter, Ovid Mtt. ii. 25. The sun was worshipped chiefly by the Persians undei* the name oi Mithras. 7. LUNA . tlie moon, as one of the Dii Selecti, was the daughter of Hyperion, and sister of Sol. Her chariot was drawn only by two horses. 8. GENIUS, the. dcemon or tutelary god, who was sup- posed to take care of every one from his birth during the whole of life. Places and cities, as well as men, had theiv jparticular Ge7iii, It was generally believed that every person had two Genii^ the one good, and tlie other bad. Defraudare genium suuin^ to pinch one's appetite, Tcr. Fhorm. i. 1. 10. Indulgere ge- nio^ to indulge it, Ptrs. v- 151. Nearly allied to the GcTtii were the LARES and PENA- TES, household-gods, who presided over families. The Lares of tlie Romans appear to have been tlie manes of their ancestors, Firg. JEn. ix. 255. Small waxen images of them, clothed with the skin of a dog, were placed round tlie hearth in the hall, (^in atrioj. On festivals they were crowned with garlands, Plaut- Trin. i. 1. and sacrifices were offered to them, Juvenal, xii. 89. Suet. Aug. 31. There were not only Lares domestici et/amiliares, but also Coni- pitales et viales, militares et marim, &c. The Penates fsive a penu ; est emm omne quo vescuntur homines^ pen us; sive quod penitus insident, Cic. Nat. Deor- ii- 27. Dii per quos penitus spiramus, Macrob- Sat, iii. 4. Idem ac ALigni Da, Jupiter^ Juno, Minerva, Scrv. ad Virg. iEn. ii. 296.) were worshipped in the innermost part of the house, which was called Penetralia ; also Impluvium or Compluvium, Cic. et Suet. Aug. 92* There were likewise Publici Penates, woT^hipptd in the Capitol, Liv. iii. 17, under whose protection the city and temples were. These iEneas brought with him from Troy, Firg. j^n. ii. 293, 717. iii. 148. iv. 598- W^wct Patrii Penates, familiaresque<, Cic. pro Dom. 57- Some have thought the Lares and Penates the same ; and they seem sometimes to be confounded, Cic- P. Quinct. 26. & 27- Fei'r. iv. 22- They were, however, different, Liv. i. 29. The Penates were of divine origin ; the Lares of hu- man. Certain persons were admitted to the worship of the iMreSy who were not to that of the Penates. The Penates were worshipped only in the innermost part of the house ; the Lares also in the public 'roads, in the camp, and on sea. Lar is often put for a house or dwelling : Apto cum hre fundus, Horat. Od. i- 12. 44. Ovid- Fast. vi. 95. & 362. So Penates ; thns,A''ostrissuccede Penatibus hospes, Vir^. Mrt- viii. J23. Plin. Pan. 47. Ovid. Fast, vi- 529, 305 ROMAN ANTIQUITIES. DII MINORUM GENTIUM, OR INFERIOR DE» ITIES. THESE were of various kinds : 1. Z)« INDIGE FES, or heroes ranked among the gods on account of their virtue and merits : of whom the chief were, HERCULES, the son of Jupiter and Alcmena, wife of An-sphitryon, king of Thebes; fi^mous for his twelve labours, and other exploits ; squeezing two serpents to death in his cradle ; killing the lion in the Nemaean wood ; the Hydra of the lake Lerna ; the boar of Erymanthus ; the brazen, footed stag on mount Menalus ; the harpies in the lake of ^ Stymphalus ; Diomedes, and his horses, who were fed on human flesh; the wild bull in the island of Crete ; cleansing the stables of Augeas ; subduing the Amazons and Cen- taurs ; dragging the dog Cerberus from hell ; carrying off the oxen of three -bodied Geryon from Spain ; fixing pillars in tht J'rctum Gaditanum^ or Straits of Gibraltar ; bringing away the g(>lden apples of the Hesperides^ and killing the dragon which guarded them ; slaying the giant Antaeus, and the monstrous thief Cacus, Bcc. Hercules was called Alcides^ from Alcaus the father of Amphitryon i and Tlrythhis from Tiryns^ the town where he was born ; Oetxus, from mount Oete^ where he died- Be- ing consumed by a poisoned robe, sent him by his wife De- janir-i in a fit of jealousy, which he could not pull off, he laid himself on a funeral pile, and ordered it to be set on fire. Hercules is represented of prodigious strength, holding a club in his right hand, and clothed in the skin of the Ne- maean lion. Men used to swear by Hercules in their asseverations ; Hercle^ Mehercle^ vel -es ; so under the title of DIUS FI- DIUS, i. c. Z)(?W5 ./: Numa» ibid- 64. A fourth was added, probably by Scrvius Tulli- iis, when he increased tlie nuvnber of tribes, and divided the city into four tribes, Id- iv. 34. Liv i« 13- The augurs were at first all patricians; till A- U. 454, when five plebeians were added, Liv- x 9- Sylla increased their number to fifteen, JLiv- Ep' Ixxxix- They were at first chosen, as the other priests, by the Comitia Curiata^ Dionys- ii- 64- and after- wards underwent the same changes as the ponUfices- Liv- iii» 37. Seep. 310. The chief of the augurs was called Magister Colle- GII. The augurs'enjoyed this singular privilege, that of what- ever crime they were guilty, they could not be deprived of their ofiice, Plin- Ep, iv- 8. because, as Plutarch says, Q. Mom, 97. they were entrusted with the secrets of the empire. The laws of friendship were anciently observed with great eare among the augurs : and no one was admitted into their number, who was known to be inimical to any of the col- lege, Cic. Faip.- iii. 10. In delivering their opinions about any thing in the college, the precedency was always given to age, Cic, Sen. 18. As the Pontijices prescribed solemn forms and ceremo- nies, so the augurs explained all omens, Cic- Harusp. 9. They derived tokens isigjia) of futurity chiefly from five sources ; from appearances in the heavens, as thimder or lightning ; from the singing or flight of birds, Stat. ihcb. iii. 482. ; from the eating of chickens ; from quadrupeds ; :Mjd from uncommon accidents, called Dins v, -a, The birds which gave omens by singing (oscine's) were the ra- ven, {corvus)., the crow, {'cornixJ, the owl, {nncturr vel du- bo), the cock, C gallm gallinaceusi), &c. F^stus. Plin. x. 20. s. 22. 29. s. 42-*— by flight, (alites re/ pr.epetes), were the eagle, vulture, &c. ib. Gell. vi. 6. Scru. in Firg. jEn, iii. 361. Cic. div. i- 47. J\at. D. ii. 64. — by feeding chickens, (puLLi), Cic. div. ii. 34. seep. 95. much attended to in war, Plin- X. 22- s. 24. Liv- x- 40- and contempt of their intima- tions was supposed to occasion signal misfortunes ; as in Ministers o/'RELicioJr. 321. the case of P. Claudius in the first Punic war ; who, when the person who had the charge of the chickens, (pullari- us), told him they would not cat, which was esteemed a bad omen, ordered the m to be thrown into the sea, saying, Tlicn let them drink- After which, engaging tlie enemy, hd was defeated with the loss of his fleet, Cic Nat- D \\. 3- div- i- 16- Liv' Ep- xix- Valer- M^i}7rTei, Varro L. L. vi. 5. qui speciem quandam efonte^ id est effigiem nym- pha viderintf Festus), because the nymphs made those who saw them mad, Ovid. Ep. iv. 49. Isidore makes lymphati- cus the same with one seized with the hydrophobia, (qui a- quam timeat, v^io5. Pliny says there were statues of three Sibyls near the Rostra in the Forum, xxxiv. 5. s. 10. The chief was the Sibyl of Cumas, (Sibylla. Cum.^a), whom iiineas is supposed to have consulted ; caiLd by Virgil Deiphohe, i\Ln. vi. 2>Q. 98. from her age, longceva^ 321. vivax, Ovivl. Met. xiv. 104. c^iul the Sibyl of Eryihrae, a city if I;nia, (ERYTHRi^A Sibylla), Cic. divin- i. 18. who u>ed to utter her oraclts uith such ambi- guity, that whatever happened, she might seem to have prco MiNtsTERS of Weligiou, 529 dieted it, id. ii- 54. as tlic priestess of Apollo at Delphi^ Pausan, iv. 12. &Le, tiie verses, however, were so contrived, that the firrst letters of them joined together made some sense; hence called Acrostichis, or in the plural aero stir hides, (in^onx^n)^ Diunys. iv. 62. Christian writers often quote the bibyiline vtrses in support of Christianity ; as Lactan- tius, i. 6. ii. 11, 12. iv. 6. but these appear to have been fa- bricated. From the various Sibylline verses thus collected, the Qiiin- decemviri made out new books; which Augustus, (aftef having burnt all other prophetic books, Jatidici lidri^ both Greek and Latin, above 2000), deposited in two gilt cases, ffnrulis auratisj under the base of the statue of Apollo, in the temple of that god on the Palatine hill. Suet- Aug. 31. to which Virgil alludes, M.n. vi. 69, &c. having first caused the priests to write over with their own hands a new copy of them, because the former books were fading with age, />w, liv. 17- The Quindecemviri were exempted from the obligation of serving in the iirmy, and from other offices in the city. Their priesthood was for life, Dionys. iv. 62. They were properly the priests of Ap. )llo ; and hence each of them had at his house a brazen tripod, (cortina vel tripusJ^ Serv. in Virg. M.n. iii. 332. Val. Flacc. i* 5. as being sacred to Apollo, Suet. Aug. 52. Similar to that on which the priestess of Delphi sar, which Servius makes a three-footed stool or ta- ble, {mensa), ibid. 360. but others, a vase with three feet and a covering, properly called Cortina (o^M-oi), which also signi- fies a large round cauldron, Fiin. xxxv. 11. s- 41. Farr. L. L. vi. 3. often put for the whole tripod, or for the oracle, Virg. Mn. vi. 347. iii. 92. Ovid. Met. xv. 635- Plin. xxxiv. 3- s. 3. hence tripodas sentire^ to understand the oracles of Apollo, Virg, Mn. iii. 360. When tripods are said to have been given as a present, vases or cups supported on three feet are understood, Virg Mn. v. 110. Horat- Od- iv. 8. 3. Nep. Paus- 1. Ovid, Her. iii. 32. Suet. Aug. 52. such as are to be seen on ancient coins. IV. SEPTEM VTRi epulonum, vA\o prepared the sacred leasts at games, processions, and other solemn occasions. it was cubtomary among the Romaiw t© deprec feuiits t^ 330 ROMAN ANTIQUITIES. the gods, in order to appease their wrath, especially to Jupi- ter, CepulumJovis, v. -i), during the pubjic games, (ludorttm causaJ^lAv. xxv. 2. xxvii. 38. xxix. 38.j?«. xxx. 39. xxxi. 4 xxxii. 7. These sacred entertainments became so numerous, that the PontificescoxxXd. no longer attend to them ; on which account, this order of priests was instituted to act as their assistants. They were first created A. 557, three in number, (Triumviri Epulones,) Liv. xxxiii- 44. Cic. Orat. iii- 19. and were allowed to wear the toga prt:etexta, as the Pontificesy ibid. In the sing* Triumvir Epulo, Id» xl. 42. Their number was increased to seven, it is thought by Sylla, Gell. 1. 12. sing. Septemvir(^ue EpuLis/Jf^ifw, Lucan. i. 602. If any thing had been neglected or wTongly performed in the public games, the Epulones reported it {of- fer ebant) to the Pontifices ; by whose decree the games on that account were sometimes celebrated anew, Cic. Harusp. 10. Liv- ibid. The sacred feasts were prepared with great magnificence ; hence, Ccena pontificum^ v. pontifcalesy et augurales^ for sumptuous entertainments, Herat. Od. ii. 14. 28. Macrob. Sat. ii. 9. Tht Ponti/ices,./lugures, Septemviri Epulones, and Quin- decemvi?'iy were called the four colleges of priests, yje's-a-ti^t'i i(^a ROMAN ANTIQUITIES 664. Although not Ponti^ces, they seem to have had a seat in that college, Cic. Harusp' 6. Dom. 9. Other Flamines were afterwards created, called Minor es, who might be plebeians, Festus^ as the Flamen of Carmenta, the mother ofEvander, Cic. Brut' 14,- The' emperors also, after their consecration, had each of them their Flamines, and likewise colleges of priests who wer." called sodales. Suet- CI. 6. Thus, Flamen C^sariSj Suet, Jul- 74. so. Antonius, Cic. Phil. ii. 43. Dio. xl iv. 6. The Fiamen of Jupiter was an officer of great dignity, (MAxiMiE dignatioms inter xv. flananes^ Festus,) but siib- jected to many restrictions ; as, that he should not ride on horseback, Fest. & Plin. xxviii. 9. nor stay one night with- out the city, Uv. v. 52. Tacit. Annal. iii- 58. nor take ah oath, Liv- xxxi- 50. and several others enumerated, Gtll. x. 15. Plutarch, q. Rom. 39- 43. 107. 108, &c. His wife {Fla- ■yninica,) was likewise under particular restrictions, ibid.h. Tacit. Annul, iv- 16. Ovid. Fast, vi- 226. but she could not be divorced : and, if she died, the Flamen resigned his office, Plutarch, q. Rom- 49. because he could not perform certain sacred rites without her assistance, ibid. From the death of Merula, who killed himself in the tern, pie of Jupiter, (insicis venis^ superfusoque altaribus sengui' ncy) Cicero says in ihe temple of Vesta, Orai. iii. 3. to a- void the cruelty of Cinna, A. 666. Flor. iii. 21. Fell. ii. 12. there \vas no Flamen Dialis for 72 years, Tacit. Annal. iii. 58. (Dio makes it 77 years, liv. o&. but seems not con- sistent, ibid- 24j and the duties of his function were per- formed by the PontiJice:i ; till Augustus made Servius Ma- luginensis, Priest of Jupiter, Tacit, ibid. Suet. Aug. 31. Ju- lius Caesar had indeed been elected (destinatus^ Suet. \ creatus, Veil. ii. 43.) to that office at 17 {pene puer^ ibid.) but not having been inaugurated, was soon after deprived of it by Sylla, ibid. II. SALII, the priests of Mars, twelve in number, in- stituted by Numa ; so called, because on solemn occasions they used to go through the city dancing, (a saltu nomina ducunt, Ovid. Fast. iii. 387. exsultantes Salii, Firg. j^n. viii. 663. a saltando, quodfacere in comitio in sacris quotan- nis sotent et debifnt, Varr. iv. 15. J drest in an embroidered Ministers o/'Rehgion. j33 tunic, (tunica picfa), hr und with a brazen belt, and a to^^a prretexta )r trahea ; ha\'ini^ on their head a cap rising to a considcrabie height in the form of a cone, iapeXy Kv^jictTix^'y witli a sword by their side ; in their right hand, a spear, a rod, or the like ; and in their left, one of the Ancilia, or shields of Murs, Dionr/s.u. 70- Lncnn says it hung from their neck, Et Saiins Iccto portat AncHia collo. i. 603. Sene- ca resembles the leaping of the Salii, fsaltus saliaris), to that of fullers of cloth, {saltu^ fullonius), jE/;. 15- They used to go to the capitol, through the Forum and other pub- lic par^s of the city, singing as they went, sacred songs, (per nrhem ibant canentes carmijia cum tripudiis soltnnique salta- tu, Liv. i. 20 Horat. Qd. i. 36. 12. iv. 1. 28 ) said to have been composed by Numa, {Saliare Nuuks carmen)y Horat. Ep. ii. 1. 86. Tacit. Annal. ii. 83. which, in the time of Ho- race, could hardly be understood by any one, ibid, scarcely by the priests themselves, Quinctilian, i. 6. 40. Festus calls these verses Ax AMENTA vel Assanienfa- The most solemn procession of the Salii was on the first of March, in commemoration of the time when the sacred shield was believed to have fallen from heaven, in the reign of Numa. They resembled the army dancers of the Greeks, called Curetes, from Crete, where that manner of dancing, called Pyrriche, had its origin ; whether invented by Minerva, or, according to the fables of the poets, by the C«- retesy who, being entrusted with the care of Jupiter in his infancy, Serv. in Ftrg. iv. 151. to prevent his being discov- ered by Saturn his father, drowned his cries by the sound of their arms and cymbals, Dionys. ii. 70. vii. 72. Hygin, 139. It was certainly common among the Greeks in the time of Homer, //. vi. v, 494. Strab. x. 467, & 468,/;/. No one could be admitted into the order of the Salii^ un- less a native of the place, and freeborn, whose father and mo- ther were alive, Lucan calls them lecta juventus patricia, because chosen from that order, ix. 478. The Saliij after finishing their procession, had a splendid entertainment pre- pared for them, Suet. Claud. 33 ; hence Saliares dapes, costly dishes, Horat Od- i- 37, 2- Etmlari Saliarem in mo- dum, to feast luxuriously, Cic- Aft- v- 9 Their chief was called PRiEsuj., (i-e. qui (inte alio§ salit) ; v'ho seems to 336 ROMAN ANTIQUITIES, have gone foremost in the procession, Cic. divin- i- 26- ii- 6%> their principal musician, Vates, and he who admitted new •members, Magister, Capitoiin. in Antonin. philos- 4. According to Dionysius, iii- 32- Tullus Hostilius added twelve other SaliU who were called Ac on ales, enses^ or Collini^ from having their chapel on the Colline hill- Those instituted by Numa had their chapel on the Palatine hill ; hence, for the sake of distinction, they were called Palati- ni.Id' ii. 70. Ill- LUPERCI, tlie priests of Pan ; so called fa lupoj from a wolf, because that god was sui^posed to keep the wolves from the sheep, Serv. in Firg- jEn. viii- 343« Hence: the place where he was worshipped was called Lupercaly and his festival Lupercaliay which was celebrated in Febru- ary ; at which time the Luperci ran up and down the city naked, having only a girdle of goat's skin round their waist, and thongs of the same in their hands, with which they struck those they met ; particularly married women, who were thence supposed to be rendered prolific, Ovid- Fast- ii. 427, & 445. There were three companies (sodalitates) of Luperci ; two ancient, called FabiaiVi and Quintiliani, {a Fabio et Quintilio prapositis suis, Festus), and a third called Julii, instituted in honour of Julius Caesar, v/hose first chief was Antony : and therefore, in that capacity, at the festival of the Lupercaiia, although consul, he went almost naked into the forum Juliiim, attended by his lictors, and having made a harangue to the people, {nudus concionatus e^O, Cic. PhiL ii. 34, & 43. from the Rostra, he, accordirigto concert, as it is believed, presented a crown to Caesar, who was sitting there in a golden chair, drest in a purple robe, with a golden diadem, which had been decreed him, surrounded by the whole senate and people, ibid. Antony attempted repeatedly to put the crown on his head, addressing him by the title of King, and declaring that what he said and did was at the desire of his fellow citizens, Dio, xlv. 31, &. 41 xlvi- 5. But Caesar perceiving the strongest marks of aver-.ion in the peo- ple, rejected it, saying, that Jupiter alone was king of Home, and therefore sent the crown to tl^e Capitol, as .» present to that god, Suet, Cas^ 79- Cw, PhiL ui. 5. v. 14- xiii 8, 15, Ministers c/'^ELiGioN'. 337 19. Dio, xlvi. 19. Fell, ii 56- Plutarch. C(Cs. p. 736. Anton, p. 921- A bpiari' B- C. ii. p. 496. It is remarkable that none of the succeeding emperors, in the plenitude of their power, ever ventured to assume the name of King. As the Luperci were the most ancient order of priests, said to Iiave been first instituted by Evander, Ovid- Fast- iv 279- Liv i- 5- so they continued the longest, not being abo- lished till the time of Anastasius, who died, A- D- 518* IV. POTITII and PINARII, the priests of Hercules, in- stituted by Evander, Livl 7- Firg-j^n- viii- 270- when he built an altar to Hercules, called Maxima, afttr th; t hero had slain Cacus, Liv- i 7- said to have been instructed in the sacred rites by Hercules himself, Cic- Dom- 52. Strv. in Firg- J^n- viii- 269- being then two of the most illustrious families in that place- The Pinani happening to come too late to the sacrifice, after the entrails were eaten up, fextis adesisj were by the appointment of Hercules never after permitted to taste the entrails, ibid- & Dionys. i- 40- So that they acted only as assistants in performing the sacred rites ; CEt domus Herculei custos Pinaria sacri^ Virg ibid-). The Potitii, being taught by Evander, continued to preside at the sacrifices of Hercules, for many ages ; (Antistites sacra ejus fiterunty Liv. ibid- Primusque Potitius auctor^ Virg. ibid-) till the Pinarii by the authority or advice of Appius Claudius, the censor, havmg delegated their ministry to public slaves, their whole race, C genus 07nne, v- Gens, Po- titiorum), consisting of 12 famili(e^ became extinct, within a year ; and some time after Appius lost his sight ; a warn- ing, says Livy, against making innovations in religion, {quod dimovendis statu siio sacris religioncmfacereposset^J ix. 29. V- GALLI, the priests of Cybele, the mother of the gods, so called from Gallus, a river in Phrygia, which was sup- posed to make those who drank of it mad, so that they cas- trated themselves, Festus ; as the priests of Cybele did, He- rodian- 1- 11- Ovid- Fast- iv. 361' (genitalia sibi abscindebant cultris lapideis vel Samnia testa, with knives of stone or Sa- mian brick), .Juvenal- ii. 116- vi. 513. Martial, iii. 81, 3. Plin. xi. 49- s- 109- xxxv- 12. s- 46. in imitation oiAtys, -yxs. Attis, -idis, v. Attin, inis, Ovid. Fast- iv- 223, &C' Met- ^-;. 104- Arnoh. railed al«?o Curetes, Ltwret. ii- 629. Co- Yv 33a ROMAN ANTIQUITIES. RYBANTES, Uorat- Od. \. 16, 8. their chief, Archigal<^ Lus. S^:rv. in Virg- ix. 116. Plin, xxxv. 10. s. 36. all oi' Phiygian extracti(-n, Dionys- ii. 19. who used to carry rounr] the iinsgt of Cybele, with the gestures of mad people, roll iag their heads, beating their breasts to the sound of the flute, ftihice Berecijnthia v- bux'i)^ making a great noise with dj"ums and cyaibais, Horat. Od. i. 16, 7. Ftrg. jEh. ix. 619. Sometimes also cutting their arms, and utteriiig dread- ful predictions, Lucan. i. 565. Se?iec. Mtd. 804- During the festival called Hilar i a, at the vernal equinox, (viii, Kal. April.) Macrob- Sat. i. 21- they washed with certain solemnities the image of Cybele, her chariot, her lions, and all her sacred things, in the Tiber, at the conflux of the Al- mo, Ovid- Fast- iv. 337. They annually went round the villages, asking an alms, Cstipem emendicantes)^ ibid. 350. Pont. i. 1, 40. Dionys. ii. 19- which all other priests were prohibited to do, Cic. legg. ii, 9, 16. All the circumstances relating to Cybele and her sacred rites are poetically detailed by Ovid, Fast, iv- 181,-373. The rights of Cybele were disgraced by great indecency of expression, Juvenal, ii- 110- Augustin- de Civ- Dei. ii- 14- VIRGINES VESTALES {nu^hm 'Eu^ic^t^,) Virgins eonsecrated to the worship of Vesta, a priesthood derived from Alba, Liv. i- 20- for Rhea Sylvia, the mother of Romu- lus, was a Vestal, ibid. 3- originally from Troy, Virg. j^n- ii. 296- first instituted at Rome by Numa, Liv. ibid, four in number, Dionys. ii- 64, ^65. two were added by Tarquini- us Priscus, Id. iii. 67- or by Servius Tulhus, Plutarch- in Numa., which continued to be the number ever after, Dio- nys ibid. Festus in SEX. The Vestal Virgins were chosen first by the kings, Dionys. ibid- and after their expulsion, by the Pontifex Maximus i who, according to the P apian law, when a vacancy was to be supplied, selected from among the people, twenty girls above six, and below sixteen years of age, free from any bo- dily defect, (which was a requisite in all priests. Sac er Dos INTEGER SIT, Sencc. controv- iv. 2- Plutarch- q- Rom. 72.) whose father and mother were both alive, and freeborn citi- zens- It was determined by lot in an assembly of the peo- ple, wlyoh of tl\e6e twenty should be appointed. Then the Ministers q/* Religion-.' 339 Ponfifex M went and took her on vhm the lot fell, from her parents, as ;i caf)tive in *v;ir {manu ')r"/iensa:n a parente veluti hello captam abduceOutJ, addreiisiiig her thiis/FE, A- MATA, CAPio; th.it iDeing, according to A. Gtllius, the na.ne of the lirst who was chosen a Vestal : Hence Capere- Firginem Fcstalt'm, to choose ; which word was also anoli- ed to the Flamen Dinlis, to the Puntijices and augurs, GtlU i. 12. But afterwards this mode of casting lots was, not ne- cessary. The Pontifex M- might choose any one he thought proper, with the consent of her parents, and the requisite qualifications, (cujus ratio habtri posset ) ^ ibid. Tacit. Ann. ii- 86. Ifnonenffered voluntarily, the method of casting lots was used. Suet. Aug- 31- The Vestal Virgins were bound to their ministry f ^r thir- ty years. For the first ten years they learned the socred vi'es ; for ihe next ten, they performed them ; and for the last ten, taught the younger virgins, Senec. de vit. heat- 29- Dio^r-^s. ii. 67. They were all said, pr^esidere sarns, Tacit. xVnn. ii, 86. uf assidua- templi Antistites, v. -t£d\ Liv. i. 20. The oldest {Festalium i^etustissima^'Vixc'w.. Ann- xi. 32. was call- ed Maxima, «S'//'"f////. 83. sj zir^tc-Q itjovroi,, /);'(>, liv, 24.) iVftCF thirty years service they might leav. the temple anJ marry; which, however, was seldom done, and always reckoned o- minous, Dionys. ii. 67. The office of the Vestal Virgins was. — 1. to keep the sa- cred fire alwiys burniv.g, Flor. i 2. Custodiunto ign em roci PUBLici SEMPiTERNUM, C'lc Itgg. ii- 8- uhcncc J^- ternceque Festts ohhtiis, Borat. Od. iii- 5 11. watching it in the night time alternately, Liv. xxviii. 31. and whoever al- lowed it to go out was scourged, (fagris ccedehatur) by the Pontifex M Valer. Max- i. 1.6- Dionys- ii. 67. vuda quu dem^ sed obscuro loco et veto medio interposito) , Plutarch. Num. p. 67. or by his order, Liv. xxviii. 11.. This acci- dent was always esteemed unlucky, and expi tted by ofi^ ring extraordinary sacrifices, {hosttis majorihus prociirar'r) ^ ibid. The fire was lighted up ac:ain, not from another fire, but from the rays of the sun, Plutarch, ibid, in which manner it was renewed every year on the 1st of March ; th?.t d. y be- ing anciently the beginning of the year, Macroh. Sat. i. 12, Ovid. Fast- iii 143 2- to keep the secret pledge of the empire, Liv- xxvi- 27- v- 52- supposed to have been the Pa! S40 ROMAN ANTIQUITIES. ladium, Lucan ix, 994- or the Penates of the Roman peo^ pie, Tacit- AnU' xv. 41. Dionys^ ii- 66. called by Die rx Ic^et ; kept in the innermost recess of the temple, visible only to the virgins, or rather to the Festalis Mixima alone ; Lucan, ibid. & i. 598. Herodian. i. 14. sometimes removed from the temple of Vesta by the vire-ins, when tumult and slaugh- ter prevailed in the city, Dio, xhi. 31. or in case of a fire, liv. 24. rescued by Metellus, the Pontifex M. when the temple was in flames, A. 512, Liv. Ep. xix. Dionr/s. ii. 66. Ovid. Fast, vi- 437. at the hazard of his life, and with the loss of his sight, Plin- vii- 43. and consequently of his priesthood, Senec. contr- iv. 2. for which a statue was erected to him in the Capitol, Dionys. ii. 66. and other honours conferred on him, see p. 17. — -And 3. to perform constantly the sa- cred rites of the goddess, Senec. de prov. 5. Their prayers and vows were always thought to have great influence with the gods, Cic, Font. 17- Dto, xlviii- 19- Horat. Od. i- 2, 28. In their devotions they worshipped the god FascmusXoz^vdxd, them from envy, Plin. xxviii. 4. s. 7. The Vestal Virgins wore a long white robe, bordered with purple, their heads were decorated with fillets, {inful/e ibid. They might Ministers ^Religion. 34i make their testament, although under age ; for they were, not subject to the power of a parent or guardian, as other women, Gell. ibid. They could free a criminal from pun- ishment, if they met him accidentally, Plutarch, in Numa ; and their interposition was always greatly respected, Cic. Font. 17. jigr. ii. 36. Tacit- Annal. xi. 32. Suet. Jul. 1. Tib. 2. Fit.ie. Tacit. Hist. iii. 81. They had a salary from thepul)lic, Liv. i. 20- Suet- Aug 31. They were held i;i such veneration, that testaments and the most important deeds were committed to their care, Suet. Jul 83. Atig- 102- Tacit- Annal- i. 8. Z)?o. xlviii. 12, 37, 46. Tacit. Annal. i\- 16. and they enjoyed all the privileges of matrons, who had three children, Dio. Ivi. 10. When the Vestal Virgins were forced through indisposi- tion to leave the Atrium Vest/E, probably a house ad- joining to the temple, and to the palace of Numa, Regia pnrva^vut£.\ if not i part o{'\X,Ovid. Trist.iii. 1,30. Fast, vi- 263. where the virgins lived, they were entrusted to the care of some venerable matron, Plin. Ep. vii. 19. If any Vestal violated her vow of cnastity, she was, after being tried and sentenced by the Fontifices, buried islive with funeral solemnities in a place called the campus sce- LER ATUs, near the Porta Collina^ and her paramour scourg- ed to death in the Forum ; which method of punishment is said to have been first contrived by Tarquinius Priscus, Dionys. iii 67. The commission of this crune was thought to forebode some dreadful calamity of the state, and there- fore was alxvays expiated with extraordinary sacrifices, Liv. viii. 15. xiv* xxii. 57. Ixiii. Dionys. i. 78. ii. 67. viii- 89. ix, 40- Dig frag m. 91, 92. Plutarch, q. Rom. 83. Ascon. in Mil. 12. Suet. Dam. 8. Plm. Ep. iv. 11. Juvenal, iv. 10, The suspected virtue of some virgins is said to have been miraculously cleared, Faler- Max. viii. 1, 5. Lw. xxix. 14. Plin. vii. "iS. These were the principal divisions of the Roman priests- Concerning their emoluments, the classics leave us very much in the dark ; as they also do with respect to those of the magistrates. When Romulus first divided the Roman territory, he set apart what was sufficient for the performance ©f sacred rites, and for the support of temples, Dionys, ii. 7, 342 ROMAN ANTIQUITIES. So Livy informs us, that N'lna, who instituted theg:reatest number of priests and siicrifices, provided a fund f-^-r -''^fray- ing these expenses, {unde in eos sumptus erogaret.ur,) ' ^0. but appointed a public stipend G^^'pcwr/mw depnbiicostatwt), to none but the Vestal Virgins, ihid. Dionysius, sptaki .>sof Romulus, says, that while other nations 'vere negligent about the choice of their priests, some exposing that office to si-le, and others determining it by lot ; Romulus made a law, that two men, above fifty, of distiiiguished rank and virtue, with- out bodily defect, and possessed of a competent fortune, should be chosen from each curia, to officiate as priests in that cm'ia or parish for life ; being exempted by age from military service, and by law from the troublesome business of thecity,ii. 21. There is no mention of any annual salary. In after ages thtt priests clai^ned an immunity from taxes, which the Pontijices and augurs for several years did not pay. At last however the quaestors wanting money for public exigen- ces, forced them, after appealing in vain to the tribunes, to pay up their arrears, famiorum^ per quos non dederant, sti- pefidium exactum est J Liv. xxxiii. 42. s. 44. Augustus increased both the dignity and emoluments (commoda) of the priests; particularly of the Vestal Virgins, Suet. Aug- 31- as he likewise first fixed the salaries of the provincial magistrates, Dio, lii- 23, 25. liii- 15. whence we read of a sum of money ( s a l a r i u m ;) being given to jhose who were disappointed of a province, Id. 78, 22' xhii- 4- Ixxviii. 22. Tacit- Agric. 42. But we read of no fixed salary for the priests ; as for the teachers of the liberal arts, Suet. Vest- 18. Digest, and for others. Suet Tib. 46- Ner- 10. When Theodosius the Great abolished the heathen worship at Rome, Zosimus mentions only his refusing to grant the public money for sacrifices, and expelling the priests of bodi sexes from the temples, v- 38. It is certain, however, that sufficient provision was made, in whatever maimer, for the maintenance of those, who devoted themselves wholly to sa- ered functions. Honour, perhaps, was the chief reward of the dignified priests, who attended only occasionally, and whose rank and fortune raised them above desiring any pe- cuniary gratification. There is a passage in the life of Aure- lian by Vopiscus, c. 15. which some apply to this subject j Sacred Rites. 343 although it seems to he rt-stricted to the priests of a partiruhr temple ; Pontijicts roboravxt^ sc. Aurelianus^ i. e- he endow- ed tlie chief pric>.ts 'vitli saL^ries ; dtcrevit ntrnm emolumtn- ta ministris^ and granted certain enujluments to tlieir ser- vants, the i .ferior priests who took care of the temples. The priests arc by later writers sometimes divided into three classes, the aritutites or chief priests ; the saccrdotes or or- di'.;iry pnrsts ; and tiie nnrnsfri, or meanest priests, whom M.iiiilius calls auctoratos in tertia jura mimstros, v. 350. but for the mosi part only into two classes, the Pontifices or Sacerd'tesy and the nmustn ; as in Vopiscus ; so in leg, 14. Cod, Theodc^. de pagan, sacrif. et templis. SERVANTS OF the PRIESTS. nnHE pnests who had children, employed them to assist -■- i.i performing sacred rites : but those who had no chil- dren procured free-born I)oys and girls to serve them, the boys to tiie age of puberty, and the girls till they were mar- ried. These were called Camilli and Camillce^ Dionys- ii. 24- Those who took care of the temples were c?lled ^Editui or j^ditumni, Gell- xil. 6. those who brought the victims to the altar and slew them, PoP/E, Fictifnarn and Cultrarii ; to whom in prirticular the name of MINISTRI was proper- ly applied, Ovid. Fast. i. 319. iv. 637- Mtt. ii- 717. Virg- G. iii 438- Juvenal- xii- 14- The boy^s who assisted the Fla- mines m s.icr^-d rites were called Fl aminii ; and the girls, Ylami'SI^'E^ Festus There were various kinds of musi- cians, Tihicines^ Tubicines^ Fidicines, &c- Liv. ix. 30. Ill- The PLACES and RITES of SACRED THINGS. THE places dedicated to the worship of the gods were Culled temples, Templa, Cfana^delubra^mcraria^ edes. sacra)^ and consecrated by the augurs ; hence called Augus- ta- A temple built by Agripp? in the time of Augustus, and dedicated to all the gods, ^vas called Pantheon, Dio, liii. 27- A small temple or cli^pel was called Sacellmn or Mdwula A wood or t!iicket of trees consecrated to religious worship, was called Lucus, a grove, PBu xii- 6. Plant. Amph. v. 1, 42- The god* were suppose<.l to frequent woods and fotin 344 ROMAN ANTIQUITIES. tains ; hence Esse locis superos testatur silva, Lucan. ix^ 522. The worship of the gods consisted chiefly in prayers^ vows, and sacrifices- No act of rehgious worship was performed without pray- er. The words used were thought of the greatest impor- tance, and varied according to the nature of the sacrifice, Valer. Max. i. 1- Hence the supposed force of charms and incantations, (verba et incantamenta carminumj ^ Plin. xxviii. 2. Horat. Ep. i- 1, 34. When in doubt about the name of any god, lest they should mistake, they \ised to say, Quisq^uis Es, Plant. Rud. i. 4, 37. Firg- jEn- iv- 577- "Whatever occurred to a person in doubt what to say, was supposed to be suggested by some divinity, Plant Most- iii. 1, 137- Apidei. de deo Socratis- In the day time the gods were thought to remain for the most part in heaven, but to go up and down the earth during the night to observe the actions of men, Plant- Rud- Prol- 8- The stars were suppos- ed to do the contrary, ibid- Those who prayed, stood usually with their heads cover- ed, (capite velato vel operto) looking towards the east. A priest pronounced the words before them, {verba prc^ibat). They frequently touched the altars or the knees of the ima- ges of the gods ; turning themselves round in a circle, (m gy^ rum se convert ebant), Liv. v. 21. towards the right. Plant. Cure- i. 1. 70. sometimes put their right hand to their mouth, (dextram ori admovebant ; whence adoratio)^ and also pros- trated themselves on the ground, ( procumbebant arts advo- lutij. The ancient Romans used vvith the same solemnity to offer up vows, (VOVEllE, vota facere^ suscipere^ concipere, nuncupare^ &c.) They vowed temples, games, thence call- ed Ludi votiviy sacrifices, gifts, a certain part of the plunder of a city, &c. Also what was called V ER SACRUM, that is, all the cattle which were produced from the first of March to the end of April, Liv- xxii- 9, 10- xxxiv- 44. In this vow among the Samnites, men were included, Festus in Ma- MEHTINI. Sometimes they used to write their vows in paper or waxen tablets, to seal them up, {obsignare)^ and fiisten them with Sacred Rites. 345 Wax to the knees of the images of the gods ; that being sup- posed to be the seat of mercy ; Hence Genua ineerare deo- r^//«, Juvenal, x- 55. Wlieri the tliifigs for which they offered up vows were granted, the vows were said t;a/'erof two men who were sUiIti as victims with the usual solemnities in the Campus Martius by the Pontifices and Flamen of Mars, as late as the time of Julius Csesar, A. 708- Dio, xliii- 24. Whence it is supposed that the decree of tlie senate mentioned by Pliny, respected only private and ma- gical sacred rites, as those alluded to, Horat. Epod- 5. Au- gustus, after he had compelled L. Antonius to a surrender at Persia, ordered 400 senators and equites^ who had sided with Antony, to be sacrificed as victims at the altar of Julius Caesar, on the ides of March, A. U. 713. Dio. xlviii. 14. Suetonius makes them only 300, Aug. 15. To this savage action Seneca alludes, de Clem. i. 11. In like manner, Sex. Pompeius threw into the sea not only horses, but also men. alive, as victims to Neptune, Dio^ xlviii. 48. Boys used to be cruelly put to death, even inthe time of Cicero and Ho- race for magical purposes, Cic, Vat. 14. Horat. Epod. 5. A place reared for offering sacrifices was sailed Ara or Altare, an altar : Altaria {^ab altitudinej tantum diis superis consecrabantiir ; ar^e etdiis superis et inferis. Serv. in Virg. Eel. v. 66. i^n.ii. 515. In the phrase, Pro oris etfo^ cisy A R A is put for the altar in the impluvium or middle of the house, where the Penates were worshipped ; and pocus, for the hearth in the atrium or hall, where the Lares were wor- shipped, Cic. Dom. 40, 41. Dejot. 3. Sext. 42. Phil. ii. 30: Sallust. Cat. 52. A secret place in the temple, where none but priests entered, was called adytum, Cas- B. C- iii. 105, universally revered, Paiisan. x. 32. Altars used to be covered with leaves and grass, called VERBENA, 2- e. hcrba sacra, Serv. Virg. jEn. xii. 120. Eel, viii. 65. Donat' Ter. iv. 4, 5. Horat. Od. iv* 11, 7. adorned with flowers, Ovid. Trist- iii. 13, 15. Stat. Theb. 8, 298. Sil. 16. 309. and bound with woollen fillets, Prop» iv. 6, 6. Virg. jEn. iv. 459. therefore called nex(C torques, i. e^ cnro- ntej Id. G. iy, 270. S52 ROMAN ANTIQUITIES. Altars and temples afforded an asylum or place of refuggf among the Greeks and Romans, Nep. Pans. 4 Cic. Nat D^ iii. 10. Q. Rose. 2. Ovid- Trist. v. 2, 43. as among the Jews, 1 Kings, i. 50. chiefly to slaves from the cruelty of their mas- ters, Terent. Heut. v. 2, 22. Plant. Rud. iii. 4, 18. Most. v. i. 45. to insolvent debtors and criminals, Tacit- Annal. nv 60. where it was reckoned impious to touch them, Cic. 7 use. \- 35. Virg. Mn. i. 349- ii. 513, 550. and whence it was unlawful to drag them, Cic. Dom. 4>l. but sometimes they put fire and combustible materials around the place, that the person might appear to be forced away, not by men, but by a god, (Vulcan), Plant. Most. v. i. 65. or shut up the temple and unroofed it, {tectum sunt demoliti), that he might perish under the open air, Nep. Pans- 5. p. 63. hence ara is put for refugium., Ovid. Trist. iv. 5, 2. The ynwwz^fn consecrated a chapel to Caesar in theyorww, on the place where he was burnt ; and ordained that no per- son who fled there for sanctuary should be taken from thence to punishment; a thing which, says Dio, had been granted to no one before, not even to any divinity ; except the asylum of Romulus, which remained only in name, being so blocked up, that no one could enter it, Dio., xlvii. 19. But the shrine of Julius was not always esteemed inviolable; the son of Antony was slain by Augustus, although he fled to it, Suet,. Aug. 17. There were various vessels and instruments used in sacrifi- ces ; as, acerra vel tkuribulum^ a censer for burning incense ; Mmpulum vel simpuvium, guttum, capis, -idis., patera., cups used in libations, ollte, pots ; tripodes, tripods ; secures vel lipenneSf axes ; cultri vel secespita., knives, &c. But these will be better understood by representation than description- The ROMAN YEAR. TJ OMULUS is said to have divided the year into ten -■-^ months ; the first of which was called Martiusy March, from Mars his bui)pr>sed father ; Ovtd. Fast. iii. 75, & 98. the second Atmlis, eitlnr from the Greek name of Venus, (Af^ed^Tsj), Ovid. Fast. i. 39. Horat- Od. iv. 11. or because then trees and flowers open {se aperiunt, their buds, Plu- tarch' inNiiffia., Ovid. Fast. iv. 87. the third, Mains, May, Ho MAN Year; 35& iVoni Maia^ the mother of Mercury ; and the fourth, Junius^ Ju'ie, from the goddess ruabatur^ i- e. purs[abatur\id lustrabatur), by an expiatory '.acrifice {Februalia) from the sins of the whole year ; for tins anciently was the last month in the year, Cic. de legg, ii. 21. Ovid. Fast, ii- 49. Tibuli iii- 1, 2- Numa, in imitation of the Greeks, divided the year into t\,velve months, according to the course of the moon, con- sisting in all of 354 days ; he added one day more, Plin. xxxiv. 7. to make the number odd, which was thought the more fortunate. But as ten days, 5 hours, 49 minutes, (or rather 48 minutes, 57 seconds,) were wanting to make the lunar year correspond to the course of the sun, he appointed that every other year an extraordinary month, called Men- sis Intercalaris, or Mercedomus, should be inserted between the 23d and 24th day of February, Liv. i. 19. The interca- lating of this month was left to the discretion (arbitrio) of the Pontijices ; who, by inserting more or fewer tlays, used to make the current year longer or shorter, as was most con- venient for themselves or their friends ; for instance, that a magistrate might sooner or later resign his office, or con- tractors for the revenue might have longer or shorter time to collect the taxes, Cie. de legg. ii. 12. Fam. vii. 3. 12. viii. Q.Att. V. 9. 13. vi. 1. Suet Cas- 40. Dw. xl- 62. Censorm: 20- Macro^', Sat-\. 13. In consequence of this licenf^e. th'^ 3 A 354 ROMAN ANTIQUITIES months were transposed from their stated seasons ; the wni- ter months carried back into autumn, and the autumnal into summer, Cic. Att. x. 17. Julius Ccesar, when he became master of the state, resolv- cd to put an end to this disorder, by abolishing the source of it, the use of intercalations ; and for that purpose, A. U 707. adjusted the year according to the course of the sun, and assigned to each month the number of days which they still contain. To make matters proceed regularly, from the 1st of the ensuing January, he inserted in the current year, besides the intercalary month of 23 days, which fell into it of course, two extraordinary months between November and December, the one of thirty-three, and the other of thirty-four days ; so that this year, which was called the last year of confusion^ consisted of fifteen months, or 445 days, Suet> Cas. 40. Plin, xviii. 25. Macrob. Sat. i. 14. Censorin. de die Nat. 20- All this was effected by the care and skill of Sosigenes^ a celebrated astronomer of Alexandria, whom Cs^sar had brought to Rome for that purpose ; and a new kalendar was formed from his arrangement, by Flavins a scribe, digested according to the order of the Roman festivals, and the old manner of computing the days by kalends, nones, and ides ; which was published and authorised by the dictator's edict. This is the famous JULIAN or solar year, which conti- nues in use to this day in all Christian countries, without any other variation, than that of the old mid new style; which was occasioned by a regulation of Pope Gregory, A. D- 1582, who observing that the vernal equinox, which, at the time of the council of Nice, A- D. 325, had been on the 21st March, then happened on the 10th, by the advice of astronomers, caused ten days to be entirely sunk and thrown out of the current year, between the 4th and 15th of October ; and to make the civil year for the future to agree with the real one, or with the annual revolution of the earth round the sun ; or, as it was then expressed, with the annual motion of the sun round the ecliptic, which is completed in 365 days, 5 hours, 49 minutes ; he ordained, that every 100th year should not be leap year, excepting the 400th ; so that the difference will hardly amoupt to a day m 7000 years, or, according to a Roman Year. .355 more accurate computution of the length cf the year, to a f?ay in 5200 years- This .iteration of the style was immediately adopted in ajl thf Roman Catholic countries ; but not in Bnti«n till the year 1752, when eleven days were dropt between the 2d and 14th September, so that, that month contained only nincietn cUiys ; and thenceforth the new style was adopted as it hrid been before in the other countries of Europe. The same year also another alteration was made in England, tljat the leg ui 3 ear, which before had begun the 25th March, should bej.:i 1 upon the 1st of January, which first took place 1st Jcinuarj' 1752. Tne Romans divided their months into three parts by Ka- lends, Nones, and Idas. The first day was called KALEN- D/E vel CalendiC, (a calando vel vocando), from a priest call- jnc; nut to the people that it was new moon ; the 5th day, jSONiE, the wowe^ ; the 13th, IDUS, the ides, from the obsolete verb iduare, to divide ; because the ides divided the month. The nones were so called, because counting in- clusively, they were nine days from the ides. In March, May, July, and October, the nones fell on the 7th, and the ides on the 15th. I'he first day of the interca- lary month was called Calend^e Intercalares, Cic. Quijit. 25. of the former of those inserted by Caesar, Kal. intercalares PRioRiis, Cic. FuTU- vi. 14. — Intra sep- timas Calendas^ in 7 months, Martial, i- 100. 6. Sexta ka- lendx, i. e. Kalends sexti mensis, the first day of June, Ovid, Fast. vi. 181. • Caesar was led to this method of regulating the year by observing the manner of computing time among the Egyp- tians ; who divided the year into 12 months, each consisting of 30 days, and added 5 intercalary days at the end of the year, and every fourth year 6 days, Herodot. ii. 4. These supernumerary days Cassar disposed of among those months which now consist of 31 days, and also the two days which he took from February ; having adjusted the year so exact- H' to the course of the sun, says Dio, that the insertion of one intercalary day in 1461 years would make up the differ- ence, Dio, xHii. 26- which, however, was found to be ten days jess th^n the truth. Another difference llet^veen the 356 ROMAN ANTIQUITIES, ^"Egyptian and Julian year was, that the former bcguii wit'i. September, and the hitter with Juniiary. The ancient Romans did not divide their time into wcelis, as we do in imitation of tl'ic Jews. Tiic country people came to Rome every ninth day, (seep- 91 ) v/hcncc these days were called Nundin^, qnasi No vending, having seven intermediate days for working, Macrob^ i. 16, 'but there seems to have been no word to denote this space of time. The time indeed between the promulgation and passing of a law was called/rRiNUM nundinum, orTRiNUXDiNUM, Liv. iii. 2^S' Cic. Dom> 16, 16. Phil v. 3. Fam. xvi, 12. But this might include from 17 to 30 days, according to the time "when the table containing the business to be determined, {tabula promtdgafionis,) wa^ hung up, and the Comitia were held. The classics never put nundinufn by itself for a space tbf time. Under the later emperors, indeed, it was used to de = note the time that the consuls remained in office, which then probably was two months, Lamprid. in Alex. Sever. 28. & 43- so that there were 12 consuls each year ; hence nuTtdi- iium is also put for the two consuls themselves, {collegium consulum), Vopisc- TaC' 9. The custom of dividing time into v/eeks, Uiebdomades^ v- c/1^, vel septimana), was introduced under the emperors, Dio, ivho flourished under Severus, says, it first took place a lit- tle before his tim.e, being derived from the Egyptians ; and universally prevailed, xxxvii- 18' The days of the week were named from the planets, as they still are ; Dies Solisj Sunday ; Lunx, Monday ; Martis, Tuesday ; Mercurii, Wednesday ; Jovis, Thursday, Veneris^ Friday ; Saturin, Saturday ; ibid. The Romans, in marking the days of the month, counted backwards. Thus they called the last day of December Pridie Kalendas., sc- anfe^ or Pridie Kalcndaram Januariiy .marked shortly, Prid Knl Jan. the day before that, or the 30th December, Tertio Kal. Jan- se. die ante, or ante, diem 'ertium Kal Jan. and so through the v/hole year : Thus, Roman Year. 55' A TABLK of the Kalends, Nones, and Ides. Apr. June, Jan. August. March, May, O cr 3. o February. 1 Sept. No^-. December. July, Oct. Kulendas. Kalendre. Kalends. Kalcndaj. 2 iV. IV. VI. IV. 3 III. III. V. III. 4 Prid- Non. Prid. Non. IV. Prid. Non. 5 Nonce- Nonas. III. Nonas, 6 VIII. VIII. Prid. Non. VIII. 7 VII. VII. Non«e. VII. 8 VI. VI. VIII. VI. 9 V. V. VII. V. 10 IV IV. VL IV. 11 III. III. V. III. 12 Prid. Id. Prid. id. [V. Prid. Id. 13 Idus. •dus. HI. Idus. 14 XVIII. XIX. Prid. id. XVI. 1 U KVII. XVIII. IddS. XV. 16 KVI. XVII. XVII. XIV. 17 KV. XVI. XVI. XIII. h- KIV. XV. XV. XII. 19 XIII. XIV. XIV. XI. 20 KII. 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 Mens. seq. Prid. Kal. Prid. Kal. Mens seq. Mens. seq. In leap year, that is, when February has twenty-nine ' days, which happens every fourth year, both the 24th and 25th diiv of that month were marked, sexto Kalendas Mar tii or Martiass and hence this year is called Bissexti- LIG. 35S ROMAN ANTIQUITIES. The names of all the months are used as substantives m adjectives, except Aprilis, which is used only as a substan- tive. The Greeks had no kalends in their way of reckoning ; bat called the first day of the month vnf^-ivict, or new moon ; hence ad Gracas Kalendas solvere^ for nunquam^ Suet Augo 87. The day among the Romans was either civil or naturat. The civil day (DIES CIVILIS) was, from mid-night to mid-night- The parts of which were, 1. Media nox ; 2. ]\f edict noctis inclination vtlde media node; 3. Gallicinium, cock-crow, or cock- crowing, the time when the cocks bc^ gin to crow ; 4. Conticimum, when they give over crovving ; 5. Diluculuniy the dawn ; 6. Mane^ the morning ; 7. Ante meridianum tempus^ the forenoon ; 8. Meridies^ noon or mid-day ; 9. Tempus pomeridianum^ vel meridiei inclination afternoon; 10. Sohs occasus^ sun-set; 11. Fespera^ the evening ; 12. Crepusculum^ the twilight, {dubium tempus^ noctis an diei sit : Idea dubice res crepv rs dictce^ Varr. L- L. vi. 4.) 13. Prima fax, when candles were lighted, called al- so prim* tenebne^ Liv. Prima lumina, Horat— -14. Coneu- bianoXyXel concubium btd'time ; Liv. xxv. 9. — =15. /n- tempesta nox, or silentium noctis. far on in the night; 16. Inclinatio ad medium noctetn, Censorin de die nat. c. 24. The natural day (DIES NATURALIS) was from the rising to the setting of the sun. It was divided into twelve hours, which were of a different length at different seasons : hence liora hiberna for brevissima. Plant. Pseud, v. 2- 11. The night was divided into four watches, (vigilia prima^ secunduy &c.) each consisting of three hours, which were likewise of a different length at different times of the year : Tlius, /lora sexta noctis^ midnight ; Septima, one o'clock in the morning ; Octava, two, &c. Plin. Ep. iii- 4. Before the use of dials {horologia solaria vel sciaf erica) was known at Rome, there was no division of the day into hours ; nor does that word occur in the Twelve Tables. They only mention sun-rising and sun- setting be/ore and after mid-day, Censorin. 23. According to Pliny, mid-day wjs not added till some years after, vii. 60. an accensus of the consuls being appointed to call out that time, iacccnso Roman Festivals. 3Sil tomulum id pronunciantf), when he saw the sun from the senate-house, between the Rostra and the place called Gr-iE- cosTAsis, Plin. ihid. where ambassadors from Greece and other fon.ign countries used to stand, Farr, L. L. iv. 32a Cic. ad Q Fr. ii. 1. Anaximander or Anaximenes of Miletus, is said to have invented dials at Lacedxmon in the time of Cyrus the Great, Plin. ii. 76. The first dial is said to have been set up at Rome by L- Papirius Cursor, A. U. 447. and the next near the Rostra by M- Valerius Messala the Consul, who brought it from Catana in Sicily, in the first Punic war, A. U. 481. Plin. vii. 60 Gell. ex Plant, iii. 3. Hence, ad sola- rium versari, for inforo^ Cic- Quint- 18 Scipio Nasica first measured time by water, or by a clepsydra^ which served by night as well as by day, A. U. 595. ibid. (See p. 265.) The use of clocks and watches was unknown to the Romans- DIVISION OF DAYS AND ROMAN FESTIVALS. DAYS among the Romans were either dedicated to reli-- gious purposes, (DIES FESTI), or assigned to ordi- nary business, {die^ PROFESTL) There were some part- ly the one, and partly the other, ("dies INTERCISI, i. e. exparteyil, was slain in the senate-house. Suet- C,invehor^) because the victors, Hie- ronicx^ Suet. Ner. 24, 25 ) drawn by white horses, and wear- ing crowns on their heads : of olive, if victors at the Olym- pic games, Virg. G. iii. 18. of laurel at the Pythian; pars- ley at the Nemean ; and of pine at the Isthmian, were con^ ducted with great pomp into their respective cities, which they entered through a breach in the walls made for that pur- pose ; intimating, as Plutarch observes, that a city which produced such brave citizens^ had little occasion for the de- fence of walls, Fiin. Ep- x, 119. They received for life an annual stipend, {opsonia,) from the public, z6z(/. Sc Fitruv. ix. 3' LudusTroj/E, a mock fight, performed by young no- blemen on horseback, revived by Julius C'2>. Gladiators were exhibited sometimes at the funeral pile, often in the Forum^ which was then adorned with statues and pictjires, Cic. Verr. i. 22. but usually in an Amphitheatre, so called, because it was seated all around, like two thea- tres joined, Plin. xxxvi. 14. 16, &c. AMPHITHEATRES were at first temporary, and made of wood. The first durable one of stone was built by Stati- lius Taurus at the desire of Augustus, Suet. Aug. 29. which seems likewise to have been partly of wood- The largest am- phitheatre was tliat begun by Vespasian and completed by Titus, now called Coliseum, from the colossus or large sta- tue of Nero which stood near it. It was of an oval form, and is said to have contained 87,000 spectators. Its ruins still re- main. The place where the gladiators fought was called Arena, because it was covered with sand or saw-dust, to prevent the gladiators from sliding, and to absorb the blood ; sind the persons who fought, Arenarii, But arena is also Roman Games. 375 put for the whole ampiiit'.ieatro, or tlie shew, Juvenal, iii. 34. also fr)rlhe seat of war ; Frima dvUis arena Italia fuityVlor . iii. 20, 21. iv. 2. thus Lucan, vi 63. or for one's peculiar province, P/m. Ef). vi- 12 So Cave a, for a theatre or am- phithentre, St/et. Au^. 44. Claud. 2\ Cic. Amic- 24. Plant* Amph fjrol- 65- Consessuseavecey the spectators, Fir^. j¥,n' V. 340. But CAVE A properly signilies ;i place where wild be-sts were C(^n'.!necl, Suet. Cal. 27. Horat- Art- P. 473. Marhal. ix. 90- Plin- xxxvi, 5. The part next the arena was called Podium, where the sC'iitors sat, and the ambassa:lors of foreign nations ; and where also was the place of the emperor, (Sitgcestus, vel -um.^ elevated like a pulpit or tribunal. Suet. Jul. 76- Plin* Paneg- 51. and covered with a canopy like a pavilion, (Cu- bic it'LUM vel papilio, Suet. Ner. 12.) likewise of the person who exhibited the games, {Editoris Tribimal)^ and of the Vestal Virgins, Suet Aug 44. The Podium projected over the wall which surrounded the arena, and was raised between twelve and fifteen feet a- bove it ; secured with a breast- work parapet (hrica) against the irruption of wild beasts. As a further defence, the arena was surrounded with an iron rail, (ferreis clathris), and a ca- nal. Ceurifjo), Plin. viii- 7. The Enuites sat in fourteen rows behind the senators. The seats {^radus vel seddia) of both were covered with cu-hions, (.pulrnllis), Juvenal, iii. 152. first used in the time of Caligula, Z)zo. lix. 7. Tlie rest of the people sat behind on the bare stone, and <.heir seats were called Popularia, Suet- Claud 25 Dom- 4. The entnmce to these seats were called VoMiTORiA ; the passages fvi(c)by which they as- cended to the seats were called Scal(S or Scalaria ; and the seats between two passages, were trom their form, called Cuneusy a wedge, Juvenal vi. 6 1- Suet. Aug- 44. For, like tiie section of a circle, this space gradually widened from the arena to the top. Hence Cuneis innotuit res omnibus^ to all the spectators, Ph(edr- v- 7, 35 Sometimes a particular place was publicly granted to cer- tain persons by way of honour, Cic. Phil ix- 7- and the Editor seems to have been allowed to assign a. more honour, able scat to any person he inclined, Cir. Atf. 'n- T- 376 ROMAN ANTIQUITIES. There were certain persons called Designa tores or .Dissignatores^ masters of ceremonies, who assigned to eve- ry one his proper place, Plant. Fanul. prolong- 19. Cic^ Att' iv. 3. as undertakers did at funerals, Hurat. Epist. i. 7» 6. and when they removed any one from his place, they were said, etim excitare vel suscitare. Martial- iii- 95- v. 14. vi- 9- The Designatores are thought by some to have been the same with what were called Locarii, {quia sedes vel spectacula locabant- But these, according to others, pro- perly were poor people, who came early and took possession of a seat, which they afterwards parted with to some rich person who came late, for hire, MartiaL v. 25. Anciently women were not allowed to see the gladiators, without the permission of those in whose power they were, Valer- Max. vi. 3,12- But afterwards this restrictiori was removed. Augustus assigned them a particular place in the highest seats of the amphitheatre, Suet, Aug. 44. Ovid. A- Tnor. ii. 7, 3. There were in the amphitheatres secret tubes, from which the spectators were besprinkled ^^ith perfumes, (^croco di- luto ant aliisfragrantibus liqiiori.bus. Martial, v 26. & de spect- 3- issuing from certain figures, (sign a,) Lucan. ix. 808- and in rain or excessive heat there were coverings ivela vel velaria to draw over them, Juvenal- iv- 122. For which purpose there were holes in the top of the outer wall, in which poles "were fixed to support them* But when the wind did not permit these coverings to be spread, they used broad- brimmed hats or caps icausi^ yel pilei) and umbrel- las, Bto lix- 7. MartiaL xiv. 27, 28- By secret springs, certain wooden machines called Pe g - M ATA, vel -rfne^ were raised to a great height, to appearance spontaneously, and elevated or depressed, diminished or enlarged at pleasure, Martial- Spect- ii. 16' viii. 33- Senec. Epist. 88- Suet. Claud. 34. Gladiators were sometimes set on them, hence called Pegmares^ Suet- Cal- 26- and boys, \^et pucros inde ad velaria r«p?Oi), Juvenal, iv. 122. But peg- mata is put by Cicero for the shelves Cpro loculis) in which books were kept, Att iv- 8. Nigh to the amphitheati*e was a place called Spoliari- uw, to which those who were killed or mortally wounde(5 Roman Games. 377 were dragged by a hook, {imco trakebantun, Plin. Pancg. 36. Sencc- Epist. 93. Lampricl- in Comniod- fin. Oil tlie day of the exhibition the gladiators were led along the arena in procession. Then they Avere matched by pairs, {paria inter se componedantur, vel comparabantur), Horat- Sat. I. vii. 20. and their swords examined {explora- {bantur by theexhibiter of the games, Suet, Tit. 9. The gladiators, as a prelude to the battle, {prccludentes vel proludentesj , at first fought with wooden swords or the like, nourishing fventilantesJ their arms >vith great dexterity, Cic. de Orat' ii- 73- Senec- Ep- 117. Ovid- Jrt. Am. iii. 515, 589- Then upon a signal given with a trumpet, {^sona- bant f trail clangors tubce^ Quinctilian. v. 14.) they laid aside tliese, (arma lusoria^ rudes vel gladios hebetes ponebant^ v- abjiciebant)y2iV\d assumed their proper arms, (arma pugnato- ria, vel decretoria^ i. e. gladios acutos sumebantJ^ ibid. ; & Suet. Cal. 54. They adjusted themselves ^se ad pug- nam componebant, Gell- vii. 3-) with great care, and stood in a particular posture, me, on account of a pestilence, to appease the divine Mrath, iN . U. 391. Liv. vii. 2. Before that time there had only been the games of the Circus. They were called LUDI SCENICI, because they were first acted in a shade, {o-kix, umbra)., formed by the branches and leaves of traes, Ovid, de Art. Am. i. 105. Strv. in Firg. Ajln. i. 164- or in a tent, (o-xjjvjj, tahernaculum') ; hence afterwards the front of the theatre, where the actors stood, was called Scena, and the actors, SCENICI, Suet. Tib. 34. Cic. Plane 11. Ferr. iii. 79. or, Scenici i\RTi- ?icEs, Suet. Cces.^i- Stage- plays \vere borro^^'ed from Etruria ; whence play- ers CludmuesJ^ were called Histriones, from a Tuscan word hister, i. e. ludio ; for players also were sent for from that country, Liv. vii. 2- These Tuscans did nothing at first but dance to a flute, {ad tihicinis modosJ , without any verse or corresponding action. They did not speak, because the Romans did not under- stand their language, ibid. The Roman youth began to irhitate them at solemn festi- vals, especially at harvest home, throwing out raillery against one another in unpolished verse, with gestures adapted to the sense. These verses were called Versus Fescennini, from Fescennia^ or -ium^ a city of Etruria, Horat. Epist. IL i. 145. Afterwards by frequent use, the entertainment was im- proved, Cs^epius usurpando res excitata est), and a new kind of dramatic composition was contrived, called SATYR/E, or Saturn, Satires^ because they were filled with various matter, and written in various kinds of verse, in allusion to what was called Lanx Satur a, a platter or charger filled with various kinds of fruits, \^ hich they yearly offered to the gods at their festivals, as the Primiti.^ or first gatherings qC 380 ROMAN ANTIQUITIES. the season. Some derive the name from the petulance of the Satyrs. These satires were set to music, and repeated with suita- ble gestures, accompanied with the flute and dancing. They had every thing that was agreeable in the Fescennine verses, without their obscenity. They contained much ri- dicule and smart repartee ; whence those poems, afterwards written to expose vice, got the name of satires ; as, the sa- tires of Horr.ce, of Juvenal, and Persius. It was LIVIUS ANDRONICUS, the freed-man of M. Livius Salinator, and the precc ptor of his sons, who, giving up satires, {ahsaturis^ i. e. saturis relictis)^ first ventured to write a regular play, {argummto fabulam serere^J A. U. 512, some say, 514 ; the year before Enhius was born, Cic, Brut' 18. above 160 years after the death of Sophocles and Euripides, and about fifty-two years after that of Menander, Gell' xvii-21. He was the actor of his own compositions, as all then were. Being obliged by the audience frequently to repeat the same part, and thus becoming hoarse, kquum vocem ob- tudisset)y he asked permission to employ a boy to sing to the flute, whilst he acted what was sung {canticum agebat), which he did with the greater animation, as he was not hin- dered by using his voice. Hence actors used always to have a person at hand to sing to them, and the colloquial part {di- verbia) only was left them to repeat, Liv. vii. 2. It appears there was commonly a song at the end of every act, Plant, Pseud, ii. ult. Plays were afterwards greatly improved at Rome from the model of the Greeks, by N^evius, Ennius, Plau- Tus, C^ciLius, Terence, Afranius, Pacuvius, Accius, 8ic. After playing was gradually converted into an art, Uudus in artem paulatim verterat)^ the Roman youth, leaving re- gular plays to be acted by professed players, reserved to themselves the acting of ludicrous pieces or farces interlard- ed with much ribaldry and buffoonery, called P^XODIA, Juvenal, iii. 175. vi. 71. Suet' Tib. 45. Domit- 10. because they were usually introduced after the play, when the play- eta «md musicians bad left the stage, to remove the painful Dramatic Entertainments^ 381 impressions of tragic scenes. Scholiast, in Juvenal, iii. 175. or, Fabell^ Atellan^e, jL'U. vii. 2. or, Ludi Osci» Cic. Fam. vii. 1. Ludicrum Oscum, Tacit. Annal- iv, 14. from Atellii^ a town of the Oaci in Campania, where they were first invented and very much used. The actors of these f jrces Littellani vel Attdlanarum ac- tores), retained the rights of citizens (non tnbu muti ,sunt)^ and might serve in the army ; which was not the case with common actors, \vIio were not respected among the Romans as among tlv Greeks, but were held infamous, Ulpian' 1. 2, §. 5. D. de his qui not- in/am. — .Yep. Pr(xfat. Suet- Tib. 35, Dramatic entertainments, in their improved state, were chiefly of tliree kinds. Comedy^ Tragedy ^ and Pantomimes. I. Comedy (COMQiDlA, quasi ^^^m^ v^>}> the song of the vilLige,) was a representation of common hfe, {quotidians vita speculum)^ written in a familiar style, and usually with a happy issue. The design of it was to expose vice and fol- ly to ridicule. Comedy, among the Greeks, was divided into old, middle, and new. In the first, real characters and names were repre- sented ; in the second, real characters, but fictitious names ; and in the third, both fictitious characters and names. Eu- polls, Crafinus, and Aristophanes excelled in the old come- dy, and Menander in the new, Herat. Sat. i- 4. Epist- ii. 1, 57. Quinctilian. x. 1. Nothing was ever known at Rome but the new comedy. The Roman comic writers, Nasvius, Afranius, Plautus, Caecilins, and Terence, copied from the Greek, chiefly from MENANDER, who is esteemed the best writer of come- dies that ever existed, Quinctilian. x- 1- but only a few frag- ments of his works now remain. We may, however, judge of his excellence from Terence, his principal imitator. Comedies, among the Romans, were distinguished by the character and dress of the persons introduced on the stage. Thus comedies were called Togat^, in which the charac- ters and dress were Roman, from the Roman toga^ Juvenal. i- 3. Horat. Art- Poet. 288. so carmen togatumy2i\iotv[\ about Roman affairs, Stat. Silv. ii. 7, 53. Pr^textat^, vel Pratexta., when magistrates and persons of dignity were introduced ; but some take these for tragedies, ibid. Tra* 582 ROMAN ANTIQUITIES. BEATiE, when generals and officers were introduced, Suet. Gramm. 21. TASERNARiyE, whtn the characters vvtre of low rafik, Horat, Art, Poet. 225. Palliate, when the characters were Grecian, from pallium^ the robe of the Greeks. MoTOK i^, when there were a great many striking incidents, much action, and passionate expressions. SxAXARiiE, when there was not much bustle or stir, and little or nothing torgitate the passions ; and Mixt^, when some parts were gentle and quiet, and others the contrary, T-^rent.Heaut.proL 36 Donat, in Terent. Cic- Brut. 116. The representations of the Attellant were called Comoedi(e Attellane. The actors of Comedy wore a low-heeled shoe, called Soccus. Those who wrote a play, were said docere \^\facerefa~ bulam ; if it was approved, it was said sfarc^ stare recto ta- lo, placere, &c. if not, cadere, cxigi, exsibi/ari, &c. II. TRAGEDY is the representation of some one seri- ous and important action, in which illustrious persons are introduced, as, heroes, kings, &c. written in an elevated style, and generally with an unhappy issue. The great end of tragedy was to excite the passions, chiefly pity and horror : to inspire the love of virtue and an abhorrence of vice, Cic, de Orat i, 51. It had its name, according to Horace, from T^oeycs, a gout, and -wJ^jj, a song ; because a goat was the prize of the person who produced the best poem, or was the best actor, de Art. Poet. 220. to which Virgil alludes, Eel. iii. 22. according to others, because such a poem was acted at the festival of Bacchus after vintage, to whom a goat was then sacrificed, as being thedestroyer of the vines; and there- fore it was called, f^ay&xJ'/ajthe goafs song. {Primi ludi thea- trales ex Liberalibus nati sunt, from the feasts of Bacchus, Serv. ad Vrrg. G. ii. 381.) THESPiS, a native of Attica, is said ^o have been the in- ventor of tragedy, about 536 years before Clirist. He went about with his actors from village to village in a cart, on which a temporary stage was erected, where they played and sung, having their faces besmeared with the lees of wine, {perunctifacibus oraj Herat, de Art. Poet. 275. whence, according to some,the name of Tragedy, (from t^v^, -vycs, new wine not refined, or the lees of \Vine, and*'^*?* a shiger ; hence Dramatic Entertainments. 383 rj!.>-u and 41. GelL xi. Levying o/" Soldiers. 391 5. Valer. Max- vi. 3. 4- They were careful to chuse {leg ere) those first, who had wh'at were thought lucky names, {bona nomina), as, Falcnits, Salvius, Statorius, Sec. Cic- Divin. \. 45- Fe.'itus in voce Lacus Lucrinus. Their names were written down on tables ; hence scribercy to enlist, to levy or raise. In certain wars, and under certain commanders, there was the greatest alacrity to enlist, (no?fiina dare), Liv- x- 25. xlii, 32. but this was not always the case. Sometimes compul- sion (coercitio) was requisite ; and those who refused, (re- fract a rii, qui militiam detrrctabantj, were forced to en- list ( Sacramento adactiJ by fines and corporal punishment, {damnoetvirgis), Liv. iv. 52>' vii. 4 Sometimes they were thrown into prison, ibid. & Dionys. viii. x. or sold as slaves- Ctc. Ccecm- ;^4. Some cut oif their thumbs or fingers to render themselves unfit for strvice : hence pollice trunci, poltroons. But this did not screen them from punishment. Suet. Aug- 24- Valer- Max- vi- 3- 3. On one occ S. Livy siiys, th it it ^vas first legally exi'Ctcd in the second Punic war, xxii. 38. where he seems to make a distinction between the oath (Sack amentum) which formerly was taken voluntarily, when the troops were eml^odied, and each decuria of cavaliy, and century of foot, swore among themselves {mter se tqmtea decuriati, pedites centuri':ti corijuraharit), to act like good soldiers, (sesefii^ g F SU ROMAN ANTIQUITIES. were then called EVOCATI, Lzi;. xxxvii. 4. Cic, Fatnl m. 7. Cces.Bdt- Civ, iii.,53. Salliist. Jug. 84. Dio. xlv- 12. Gaiba gave this name to a bod^- of eqidtes^ whom he ap- pointed to guard his person, Suet. Galb. 10. The Evocati we;-e exempted from all the drudgery of military service, (cxterorum immunesy nisi propulsandi hostis)^ Tacit. Annal. i. :^6. After Latium and the states of Italy were subdued, or ad- mitted into alliance, they always furnished at least an equal number of infantry with the Romans, and the double of eavalry,Z/n;. viii. 8. xxii. 36. sometimes more. (Seep. 73-) The consuls, when about to make a levy, sent them notice what number of troops they required, {ad socios Latinum- quenomeji ad mihtes ex formula acciptendos mittunt, arma^ fela^ aim parari jube^ft^ Liv- xxii. 57.) and at the same time appointed the day and place of assembling, {quo conve- nirent) Liv. xxxiv. 56. xxxvii. 4. The forces of the allies seem to have been raised, (scrip- ti vel conscripti)^ much in the same manner with those of the Romans. They were paid by their own states, Livo 3cxvii« 9 & 11. and received nothing from the Romans but eorn; on which account they had a paymaster (Qz/^^^or) of their own, Polyb. vi- But when all the Italians were ad- mitted into the freedom of the city, their forces were incor- porated with those of the republic- The troops sent by foreign kings and states were called auxiharies, (AUXILIARES wz/zYe^ vel auxilia, ab au- geOy Cic. Att. vi. 5- Varr, & Fest.) They usually received pay and clothing from the republic, although they some- times were supported by those who sent them. The first mercenary soldiers in the Roman army, are said to have been the Celtiberians in Spain, A. U. 537, Liv, xxiv. 49. But those must have been different from the auxiliaries, who are often memioned before that time, Ziiv, xxi- 46, 48, 55, 56. xxii. 22- Under the emperors, the Roman armies were in a great measure composed of foreigners ; and the provinces saw with regret the flower of their youth carried off for that pur- pose, Tacit. Hist. iv. lAf.^gric. 31. Each district was ob- liged to furnish a certain nunjber of meii, in proportion t© ?$s extent and opulence* m Division of the Troops.' 395 II. DTFISTO.y of th,' rBOOPSin the ROMAX AR. Mr; tktirAHMS, OFFICERS, ami DRESS. AF 1 i\R the levy v\ms completed, and tiie military oath ad'niuistertd, the troc^ps vvcre formed into kgirms, (LKGIO, a iLgeudo, quia mihtes in dtlectu legebantur, Far- ro, L. L- iv. 16- whic.i word is sometimes put for an army, Liv. u- 26, &c. SiUust. Jug. 79.) tach legion was divided into ten cohorts ; each cohort into tliree maniples ; and each maniple into two centuries, (Mx\NlPULUS, ex manipulo yQ\fascwulofmi, hastx, vel pertictelongiS ui*gato^ quern pro signo primum gertbat, Ovid. Fast. ill. 117.) So tnat tiiere were thirty maniples, and .-iix-- ty centuries m a legion, Gtll, xvi. 4. and if there had always been 100 men in each century, as its name imports, the le- gion would have consisted oi 6000 men. But this was not the case. Tiie number of men in a legion was different at different times, Ljv. vii. 25. viii. 8. xxvi. 28. xxix. 24. xiii. 31. xliii. 12. C>^s. B. C. Ill 106. B. AL 69. In the time of Poly bins it was 4200. There were usually 300 cavalrj' joined to each legion, called JUSTUS EQUITATUS, or ALA, ibid. & Lw. iii. 62. Tiiey were divided into ten turme or troops ; and each til r ma into three decurinsul, each in l-is turn, usunliy month about, Liv. xl. 41- Horat. Sat. i. 6. 48. In banle, a tribune seems to have had the charge often centurits, or about a thousand men ; hence called in Greek, xt>.i»^%oi, vel -??5. Under the emperors they were chosen chiefly fn>m a- moncrthe senators and equites ; hence called Laticlavii and Angusticlavii, Suet. 0th. 10. One of these seems to be called Tribunus cohortis, Plm. Ep. iu. 9. and their coirtmand to h^ve lasted only six month'-. ; hence call- ed semestris tribunatus, Plin. Ep. iv' 4- or semes- tre aurum, Juvenal, vii. 8. because they had the right of wearing a golden ring. The tribunes chose the officers who commanded the cen- turies (Centuriones vel o-rdinum ductores)^ from among the common soldiers, according to their merit, Liv- xlii. 34. Cas' vi. 39- Lucan. i. 645- vi. ]45. But this office (ce-w^wn- onatas) was sometimes disposed of by the consul or procon- sul through favour, and even for money, Cic. Pis. 3Q. The badge of a centurion was a vine-rod or sapling, (vi= Tis). Plin. xiv. 1- s. 3. Tacit* i- 23. Juvenal, viii. 247. 0- vid. Art. Am- i. 527- hence vite donari., to be made a centuri- on ; vitem posc^-re.^ to a^k that o^ctyfuvejial- xiv- 193. gere- re., to bear it, Lucan. vi. 146. There were two centurions in each maniple called by the same name, but distinguished by the title prior., former, and posterior, latter, because the one was chosen and ranked be- fore the other, T^cit, Anm i, 32. Dionys* ix. 10, Division of the Troops. 39§ Under the emperors persons were made centurions all at once tliroiigh interest, /)/o, lii. 2S. The centurion oithe first century of the first maniple of the Triarh^ was called Ccnfurio primi pili, \t\primiordinis, Liv. XXV- 19. or Primus Pilus, primipiius, or primopiluSt Caes. B. G- ii- 25. also primus centurio, Liy vii- 41. qui pri- mum pilum ducebat^ ib. 13. Dux legionis^ (« vyi^cuv rov rxyy.*- To{). Dionys. ix. 10. He presided over all the other centuri- ons, and had the charge of the eagle (aquiUi), or chief stand- ard of the legion, Tacit. Hist. iii. 22- Valer. Max. \ 6. 11. whereby he obtained both profit and dignity, being ranked among the equites, Juveual- xiv. 197. Martial, i- 32- Ovid. Amor- iii- 8. 20 Pont, iv- 7- 15- He had a place in the coun- cil of war with the consul and tribunes- The other centuri- ons were called minor es ordine^ lb- 49. The centurion of the second century of the first maniple of the Triani, was called Frimpiius posterior: So the two cen- turions of the second maniple of the Triarii, Prior centurio, and posterior centurio secundi pili ; and so on to the tenth, who was called Centurio decimi pili, prior et posterior. In like manner, Pn?nus princeps, secundits princeps, &c. Pri- mus hastatus, &c. Thus there was a large field for promo- tion in the Roman r.rmy, from a common soldier to a cen- turion ; from being tlie lowest centurion of the tenth maniple o^ Hastati, (decimus hastatus posterior J ^ to the rank of Pn- mipiius, Liv. xlii. 34. Any one of the chief centurions was said ducerehonestum ordinem ; as Virginius, Liv. iii. 44- The centurions chose each two assistants or lieutenants, called OPTION ES, Uragi, or Succenturiones, Liv- viii. 8. Festus in Optio ; and two standard-bearers or ensigns, (SIGNIFERI vel FexillariiJ, Liv- vi-S-xxxv.S. Tac-Ann, i- 81. Hist. i. 41. iii. 17. Cic. Divin. i. 77. He who commanded the cavalry of a legion was called PftiEFECTUS ALyE, P/in. Ep. iii- 4. Each Tufma had three DECURIONES, or command- ers of ten: but he who was first elected, commanded the troop, Polyb. vi. 23. and was called Dux turm^, Sallust. Jug' 38. Each decurio had an optio or deputy under him, Farro de Lat. ling, iv- 16. The troops of the allies (which, as well as the horse, were 400 KOMAN ANTIQUITIES. called AlvE, from their being stationed on the wings, Liv.i xxxi.21. GelL xvi. 4.) had prefects (PRiEFECTI) ap- pointed them, who commanded in the same manner as the legionary tribunes, Cas. B. G, i. 39- Suet, Aug. 38. Claud, 35. Plin. Epist. X- 19- They were divided into cohorts, as the Roman infantry^ Sallust. Jug, 58- A third part of the horse, and a fifth of the foot of the al- lies, were selected and posted near the consul, under the name ofExTRAORoiNARii, and one troop called i\ b l e c - Ti or Srlecti^ to serve as his life-guards, Liv. xxxv. 5. Po- lyh. vi. 28. It is probable that the arms and inferior officers of the allied troops were much the same as those of the Romans- Two legions, with the due number of cavalry, {cumjusto equitatu)^ and the allies, formed what was called a consular army, {exercitus consularis,) about 20,000 men, Ltv, x. 25. in the time of Polybius, 18,600, Polyb. vi. 24. The consul appointed lieutenant-generals (LEGATI) un- der him, one or more, according to the importance of the war, Liv' ii- 29. 59. iv- 17. x. 40. 43. &c- Sail. Cat- 59. Jug. 28. C^s. de bell. civ. ii. 17. iii. B5. When the consul performed any thing in person, he was said to do it by his own conduct and auspices, (ductu vel imperio, et auspicio suo), Liv. iii. 1. 17. 42. xli« 17. 28. Plant. Amph. i. 1- 41. ii- 2- 25- Horat- i. 7. 27. But if his/lO ROMAN ANTIQUITIES. 76. This was properly called AciEs QUADRUPLEx : as. B- Afr. 58. In the time of Csesar the bravest troops were commonly placed in the front. Sallust. et CrfS' ibid, contrary to the an- cient custom. This, and various other alterations in the military art. are ascribed to Marius. AciEs is put not only for the whole or part of an army in order of battle ; as, Aciem instruere^ aquare, exornare, explicare, extenuare^ fir mare^ pertur bare, instaiir are, res- tituere^ redtntegrare, &c. but also for the battle itself, Cic* /"am- vi. 3. Suet- Aug. 20. Commissam aciem secutus est terrace tremor, there happened an earthquake after the fight was begun, J^/or. ii. 6. Post acies primas, after the first bat- tle, Ovid. Met. xiii. 207 .Each century, or at least each man- iple, had its proper standard and standard- bearer, Varro, de Lat. ling, iv, 16- Liv. viii- 8. Veget. ii. 23. Hence milites sign! unius, of one maniple or century, Lw. xxv. 23. xxxiii. 1. 9- Reliqua signa in subsidio artius callocat, he places the rest of the troops as a body of reserve, or in the second line more closely, Sallust. Cat. 59. signa inferre, to advance ; convertere, to face about, C% the general assembled his troops, and in presence of the whole army bestowed rewards on those who deserved them- These were of various kinds. The highest reward was the civic crown, (CORONA CIVIC A), given to him who had saved the life of a citizen, Gell. v. 6. Liv- vi- 20. x- 46. with this inscription, ob civem 3ERVATUM,vel -esrtos,Senec-ckm\-2Q.m.-ii^^ of oakJeaves, 416 ROMAN ANTIQUITIES. {efronde querna^ hence called Quercus civilis, Virg. HLn' vi . 772. ) and, by the appointment of the general, presented by the person who had been saved, to his preserver, whom he ever after respected as a parent, Cic. Plane- 30. Under the em- perors it was always bestowed by the prince itmperatoria manu), Tacit. Ann. iii. 21. xv. 12, It was attended with particular honours- The person who received it wore it at the spectacles, and sat next the senate. When he entered, the audience rose up, as a mark of respect, {ineunti etian ab senatu assurgebatur) , Plin. xxi. 4. Among the honours decreed to Augustus by the senate was this, that a civie crown should be suspended from the top of his house, between two laurel branches, which were set up in the vestibule before the gate, as if he were the perpetual preserver of his citizens, and the conquerer of his enemies, Z)/o, liii. 16. Fal. Max. ii. 8. ^fin. Chid. Fast. i. 614. iv. 953. Trist. iii. 1. 35 — 48. So Claudius, Suet. 17. hence, on some of the coins of Augus- tus, there is a civic crown, with these Vv^ords inscribed, ob (JIVES 'SERVATOS. To the person who first mounted the rampart, or entered the camp of the enemy, was given by the general a golden crown, crlled Corona Vallaris vel Castrensis, FaL Max- i. 8* To him who first scaled the walls of acity in aji assault, Corona Muralis, Liv. xxvi. 48. who first boarded the ship of an enemy, Corona Navalis, Fes- tus^ Gell. v- 6. Augustus gave to Agrippa, after defeating Sextus Pom* peius in a sea-fight near Sicily, a golden crown, adorned with figures of the beaks of ships, hence called Ro strata, Virg. viii. 684. said to have never been given to any other person, Liv. Epit. 129- Paterc. ii- 81. Dio. xlix. 14. but ac- cording to Festusm voc. Navali, and Pliny, vii. 30. xvi, 4. it was also given to M. Varro in the war against the pi- rates by Pompey ; but they seem to confound the corona rostrata and navalis, which others make different. So also Suet. Claud- 17. When an army was freed from a blockade, the soldiers gave to their deliverer (ei duci, qui liberavit, Gell. v. 6- a crown made of the grass whicli grew in tlie place where they had been blocked up ; hence called graminea corona Military Rewards." 417 OBSIDIONALIS, Lw. vii- 37. Plin, xxii. 4, 5. This of all military honours was esteemed the gre:itc'st- A few, who had the singular good fortune to obtain it, are recount- ed, lb- 5. & 6. Golden crowns were also given to officers and soldiers wJio had displayed singular bravery ; as to T. Manlius Torquatus, and M- Valerius Corvus, who each of them slew a Gaul in single combat, Liv. vii. 10. 26. to P- De- cius, who preserved the Roman army from being surround- ed by the Samnites, Id 37. and to others, x. 44. xxvi. 21, XXX, 15. There were smaller rewards ipremia minora) of various kinds ; as, a speai' without any iroB on it, THasta Pur a), Virg- jEn. vi. 760. Suet. Claud- 28. — a flag or banner, i. e» a streamer on the end of a lance or spear (VEXILLUM, quasi parvum velum^ Scrv. in Virg. iEn. viii. 1. of differ- ent colours, with or without embroidery, (auratum vel pu-^ rumj . Sail. Jug. 85. Suet. Aug. 25. — Trappings, (PHA» LERiE,) ornaments for horses, Virg. JEtn, v. 310. Liv. xxii. ' 52. and for men, Liv. ix- 46. Cic. Alt. xvi. 17. Verr. iii, 80. iv. 12.— Golden chains C^urea TORQUESj, Tacit. Annal ii. 9. iii- 21. Juvenal, xvi. 60. which went round the neck, whereas the Phalerce hung down on the breast, SiL Ital. XV. 52 — Bracelets (ARMlLLiE), ornaments for the arms, Liv. x. 44 — Co rnicul a, ornaments for the hel- met in the form of horns, Ibid. — CATELL^^E vel Catenu^ Ice^ chains composed of rings; whereas the Torques were tnisted (tort«) like a robe, Liv. xxxix. 31. — FIBULAE, clasps, or buckles for fastening a belt or garment. Ibid. These presents were conferred by the general in presence of the army ; and such as received them, after being public- ly praised, were placed next him, Sal. Jug. 54. Liv. xxiv^ 16. Cic. Phil V. 13. 17. They ever after kept them with great care, and wore them at the spectacles and on all pub- lic occasions, Liv. x. 47. They first wore them at the games, A. U. 459 lb- The spoils (SPOLIA, vel Exuvix) taken from the ene^ my, were fixed up on their door-posts, or in the most con- spicuous part of their houses, Firg, Mn. ii. 50-1. /",;-^ xxUi. 23. 418 ROMAN ANTIQUITIES. When the general of the Romans slew the general of the enemy in single combat, the spoils which he took from him, quo. xl. 41. xliii. 19. but not always, Appian. de bell. Mithrid. 253. I^iv. xlv. 41, 42. and when he reached the Ctipitol, he used to wait till he heard that these savage orders were executed, Joseph, de bell. Jud, vii. 24. Then, after having offered up a prayer of thanksgiving to Jupiter and the other gods for his success, he commanded the victims to be sacrificed, which were always white, Ovid, ibid, from the river Clitumnus, Virg G. ii. 146. and depos- ited his golden crown in the lap of Jupiter, (m gremio Jovis), Senec. Helv. 10. to whom* he dedicated part of the spoils, Plin, XV. 30. XXXV. 40. After which he gave a magnificent 422 ROMAN ANTIQUITIES. entertainment in the Capitol to his friends and the chief meig of the city. The consuls were invited, but were afterwards desired not to come, i.ut ventre sup er seder eni)^ that there might be no one at the feast superior to the triumphant ge- neral, VaL Max. ii. 8. 6. After supper he was conducted home by the people, with music and a great number of lamps and torches, Dio. xliii. 22. Flor. ii. 2. Cic, Sen. 13. which sometimes also were used in the triumphal proces- sion. Suet Jul. 37. The gold and silver were deposited in the treasury, Liv. X. 46. and a certain sum was usually given as a donative to the officers and soldiers, who then were disbanded, iexaucr torati €t dimissi), Liv. xxviii. 9. xxx- 45. xxxvi. 40. — ^The triumphal procession sometimes took up more than one day ; thatofPaulus jErriilius three, Ptutarch. When the victory was gained by sea, it was called a Na- val Triumph ; which honour was first granted to Duilius, who defeated the Carthaginian fleet near Liparx in the first Punic war, A. U 493. Liv. Epit. 17. and a pillar erected to him in the Forum, called Column a Rostrata, Quinctil. i. 7. Sil. vi. 663' with an inscription, part of which still remains. When a victory had been gained without difficulty, or the like, Gdl. v. 6- an inferior kind of triumph was granted, called O VATIO, in which the general entered the city on foot or on horseback, Dio. liv. 8. crowned with myrtle, not with laurel, Plin. xv. 29. s. 38. and instead of bullocks, sa- crificed a sheep, (ovetn), whence its name, Plut- in Mar cell. Diongs. v. 47. viii. 9. Liv. iii. 10. xxvi- 21. xxxi. 20- xxxiii. 28. xli. 28. After Augustus the honour of a triumph was in a manner confined to the emperors themselves, Dio. Ixii. 19. & 23 : and the generals who acted with delegated authority under their auspices, only received triumphal ornaments, a kind of honour devised by Augustus, Suet. Tib. 9. Dio. liv. 24» 31. Hence L. Vitellius, having taken Terracina by storm, sent a laurel branch in token of it {lauream prospere gesta rei) to his brother, Tacit' Hist. iii. 77. As the emperors were so great, that they might despise triumphs, Flor. iv- 12. S^. so that honour was thought above the lot of a pri- Military Punishments. 423 Vate person ; such therefore usually declined it, although of- fered to them ; as, Vinicius, Dio. liii. 26. Agrippa, Id. liv. 11. &. 24. Plautius, Id. Ix. 30. We read, however, of a triumph being granted to Belisarius the general of Justini- an, for his victories in Africa, which he celebrated, at Con- stantinople, and is the last instance of a triumph recorded in history, Proscop- The last triumph celebrated at Rome, was by Dioclesian and Maximian, 20. Nov- A. D. 303. Eutrop. ix- 27. just before they resigned the empire, I(r. 28. VII. MILITARY PUMSHMENTS. ^l^HESE were of various kinds, either lighter or more -■- sev^ere. The lighter punishments, or such as were attended with inconvenience, loss, or disgrace, were chiefly these, 1. Depri- vation of pay, either in whole or in part, (stipendio privariJa Liv. xl- 41. the punishment of those who were often absent from their standards, (Infrec^uentes, Plant. True, ii- 1. 19.) A soldier punished in this manner was calied ^re DiRUTUs, Festus. Whence Cicero facetiously applies this name to a person deprived of his fortune at play, Ferr, v. 13. or a bankrupt bj" any other means, Phil. xiii. 12. — 2. Forfeiture of their spears, Censio Ha start a, Festus. — - 3. Removal from their tent, {locum in quo tender ent muta~ reJ^ Liv- xxv. 6- sometimes to remain without the camp and without tents, Liv- x. 4. or at a distance from the winter- quarters, Liv. xxvi. 1- Val. Max. ii. 7. 15. — 4. Nottore^ cline or sit at meals with the rest, (cibum stantes capere)^ Liv- xxiv. 16. — 5. To stand before the pnetorium in a loose jacket. Suet. Aug. 24. Val. Max. ii- 7. 9. and the centuri- ons without their girdle, idiscinctij, Liv. xxvii. 13. or to dig in that dress, Plut. in Lucull. — 6. To ge; an allowance of barley instead of wheat, {hordeo pasci) , Liv. ibid. Suets Aug. 24. — 7. Degradation of rank ; (gradus dejectio) ; an exchange into an inferior corps, or less honourable service, {militie mutatio), Val. Max. ibid. — 8. To be removed'^from the camp, (a castris segregari), and emploj^ed in various works, Feget. iii. 4. an imposition of labour, munerujn in- die fm^ or dismission with disgrace, (i^nomimosemitti)^ Hirt« 424 ROMAN ANTIQUITIES; debell. Afr- 54. vel. exauctoratio, Plin.Ep. vi- 31. A.' Gellius mentions a singular punishment, namely, of letting blood, {sanguinem mittendi)^ x. 8. Sometimes a whole le- gion was deprived of its name, as that called Augusta, Dioo liv. 11. The more severe punishments were, 1. To be beaten with rods, Cvirgis cedi), or with a vine-sapling, (vite)^ Val. Max, ii. 7: 4. Juvenal- viii. 247. 2. To be scourged and sold as a slave. Liv. Epit- 55. -3. To be beaten to death with sticks, called FUSTUARIUM, the bastinado, Liv. V. 6- Cic. Phil. iii. 6. Polyb. vi. 2>5. which was the usual punishment of theft, desertion, perjury, &c. When a soldier was to suffer this punishment, the tribune first struck him gently with a staff, on which signal all the soldiers of the legion fell upon him with sticks and stones, and gene- rally killed him on the spot. If he made his escape, for he might fly, he could not however return to his native country, because no one, not even his relations, durst admit him in- to their houses, Polyb. ibid. —4. To be overwhelmed with stones {lapidibus cooperiri) and hurdles, {sub crate ne- cari), Liv- i. 51- iv. 50-- 5. To be beheaded, (securi percuti)^ Liv. ii. 59- xxviii* 29- Epit. xv. sometimes cruci- fied, Liv. xxx. 43. and to be left unburied, Fal. Max. ii. 7. 15. —6. To be stabbed by the swords of the sol- diers. Tacit- Annal- i. 44. and under the emperors, to be ex- posed to wild beasts, or to be burnt alive, &C' Punishments were inflicted by the legionary tribunes and prsefects of the allies, with their council ; or by the general, from whom there was no appeal, Polyb. vi. ^5. When a number had been guilty of the same crime, as in the case of a mutiny, every tenth man. was chosen by lot for punishment, which was called DE-CIMATIO, Liv. ii. 59. Cic- Cliient. 46. Suet. Aug. 24. Galb- 12- Tacit. Hist. i. 37. Plutarch, in Crass. Dio. xli- S5. xlviii. 42. xlix. 27. & Z^. or the most culpable were selected, Liv. xxviii- 29. Some- times only the 20th man was punished, vicesimatio; or the 100th, cENTEsiMATio, Capitolin. in Macrin. 12, VIII. MILITARY PAY and DISCHARGE. np'HE Roman Soldiers at first received no pay {stipen- . •^ dn^m) from the public. Every one served at his own Military PaV, ts'c. 425 charges. Pay was first granted to the foot, A. U. 347, Liv. iv. 59. and three years after, during the siege of Veji, to tlia horse, Id. v. 7. It was in the time of the repubhc very inconsiderable; two adoii or tlirce asses (about 2M. JingHsh), a-day to a foot sol- dier, the double to a centurion, ancl the triple to an eq_ues, Poii/b. vi. 37. Flaut. Most, ii- 1. 10. Liv. v. 12. Julius Cae- sar doubled it, Suet- Jul. 26. Under Augustus it was ten Asses, (7|d. sterling), Suet. Aug. 49. Tacit Ann. i. 17. and Domitian increased it still more, by adding three gold pieces annually, Suet. Domit. 7- What was the pay of the tribunes is uncertain ; but it appears to have been considerable, /za»tf- nal. iii- 132. The praetorian cohorts had double the pay of the common soldiers, Dio. liv. 25. Jacit- ib. Besides paj', each soldier was furnished with clothes, and received a certain allowance (dimensum) of com, commonly four bushels a month, the centurions double, and the equit^s triple, Polyb. vi. 37. But for these things a part of their pay was deducted. Tacit. Anna/, i. 17. Polyb. ib. The allies received the same quantity of corn, except that the horse only received double of the foot. The allies were clothed and paid by their own states, Polyb. ibid. Anciently there were no cooks permitted in the Roman army. The soldiers dressed their own victuals. They took food twice a-day, at dinner and supper. A signal was pub- licly given for both. The dinner was a very slight meal, which they commonly took standing. They indulged them- selves a little more at supper. The ordinary drink of soldiers, as of slaves, was water mixed with vinegar, called Posca, Plaut. Mil. iii. 2. 23. When the soldiers had served out their time, [stipendia legitimafecissent vel meruisscnt) ,\ht foot twenty years, and the horse ten, they were called Emeriti, Lucan. i. 344. and obtained their discharge. This was called MISSIO HO- NESTA vel Justa. When a soldier was discharged for some defect or bad health, it was called Missio Caus aria ; if from the favour of the general he was discharged before; the just time, Missio cratiosa, Liv. xliii. 14. if on ac- count of some fault, iG'iJOMisiosA^Ifirf. debell. ^/r. 5i>, Z). de re miHt- /• 13. 426 ROMAN ANTIQUITIES. Aus^ustiis introduced a new kind of discharge, called Ex- AUCTOR ATio,b5^ wliich thojie who had served sixteen cam- paigns, were exempted from all military duty except fight- ing. They were however retained {tenebantur) in the army, not with the other soldiers under standards, (sub signis et aquUis), but by themselves under a flag, [sub vexillo seorsitJiy Tacit. Annal. i. 36. whence they were called VEXILLA- RII or Vetei'ani, sometimes also Subsignani, Tacit. Hist- i. 70.) till they should receive a full discharge and the rewards of their service, (pnemia vel commoda militia)^ ei- ther in lands or money, or both, Suet. Aug. 49. Cat- 44. Cic. Phil ii. 40- Fir gl Eel. i. 71. ix. 2,-5. Horat. Sat- ii. 6. SB. which sometimes they never obtained, Tacit. Annal- 1. 17- Suet. Tiber. 48. Dio, liv- 25. Exauctorare is pro- perly to free from the military oath, to disband, Liv. viii. 34. XXV 20. Suet. Aug. 24. Vip 10. Ix. METHOD of ATTACKING and DEFEND- ING TOWNS. THE Romans attacked ioppugnabant) places either by a sudden assault, or, if that failed, {si subito impetu ex- pugjiare non poterant), they tried to reduce them by a block- ade, Ctes. B. G. vii. 36. They first surrounded a town with their troops, (corona cingebant^ vel circundabant, Liv. vii. 27- xxiii. 44. xxiv. 2. moenia exercitu circumvenerunt, Sallust. Jug- 57-j and by their missive weapons endeavoured to clear the walls of de- fendants, {nudare muros defensoribus^ vel propugnatoribus)' Then joining their shields in the form of a testudo or tortoise, (testudine facta v. acta)^ Liv. xliv. 9. Dio, xlix. 30. to se- cure themselves from the darts of the enemy, they came up to the gates, (succedere portisJ^ and tried either to under- mine (subruere vel subfodere) the walls, or to scale them, Liv- X. 43. xxvi. 45. xxxiv- 39. xliv. 9. C(es. B. C ii. 6. Tacit. Hist. iii. 28. 31. Sallust- Jug. 94. When a place could not be taken by storm, it was invest- ed, Liv. ii. 11. Two lines of fortifications or intrenchments {ULti cipitia munimentay .'dmu?jitiones)weT^. drawn around the Attack and Defence, ^c, 427 place at some distance from one another, called the lines of contravallation and circumvallation ; the one against the sal- lies of the townsmen, and the other against attacks from withont, Lw v. 1. xxxviii. 4- These lines were eomp(isrd of a ditch and a rampart, strengthened with a parapet and battlements, ( lot'ica et pin- 7ia), and sometimes a solid wall of considerable height and thickness flanked witli towers and forts at proper distances round the whole. At the foot of the parapet, or at its junction with the ram- part, {ad commissuras pluteorum atqtie aggeris)-, there sf'^me- times was a pallisade made of kirpe stakes cut m tlie form of stags horns, hence ciilled CERVI, to prevent the ascent ot die enemy. Before that, there were several rows of trunks of trees, or large branches sharpened at the ends, (praacutis cacuminihus), called CIPPI, fixed in trenches {fossx) about five feet deep- In front of these were dug pits {scrohes) of three feet deep, intersecting one another in the form of a quincunx^ thus, stuck thick with strong sharp stakes, and covered over with bushes to deceive the enemy, called LILIA. Before these, were placed up and down {omnihus locis disseredantu?') sharp stakes about a foot long, (Tale^e), fixed to the gro\md with iron hooks called Stimuli. In front of all these, Ccesar at Alesia made a ditch twenty feet wide, 400 feet from the rampart, which was secured 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, Cas. B- G- vii. 66, 67- Between the lines were disposed the I'rmy of the besiegers, who were thus said, Urbem ohsidione claudere vel cingere^ to invest. The camp was pitched in a convenient situation 4o con; municate with the lines. 428 ROMAN ANTIQUITIES. From the inner line was raised a mount, (AGGER ex- truehatur) composed of earth, wood, and hurdles, (cra- tes), and stone, which was gi'adually advanced (promori?- batur) towards the town, always increasing in height, till it equalled or over-topped the walls. The mount which Cae- sar raised against Avaricum^ or Bourges, was 330 feet broad, and 80 feet high, Cces. B. G. vii- 23. The Agger, or mount, was secured by towers consisting of different stories, {turres contaUdata)^ from which show- ers of darts and stones were discharged on the townsmen by means of engines, itormenta), called Catapults, Balist^, and Scorpiones, to defend the work and "Workmen, (opus et administros tutari), Salkist. Jug. 76. Of these towers Caesar is supposed to have erected 1561 on his lines around Alesia, Cas. de bell. G. vii. 72. The la- bour and industry of the Roman troops were as remarkable as their courage. There were also moveable towers, Turres mobiles vel ambulatori^), which were pushed forward (admoveban- tur vel adigebantur) and brought back ( reducebantur) on wheels, fixed hf^lo^v Crotis sub; ectis) on the inside of the planks Cas. B, G. ii. 31. v. 42. vii. 24. Hirt, de belL Alex. 2. Liv. xxi. 11. To prevent them from being set on fire by the enemy, they were covered with raw hides {cored) and pieces of coarse cloth and matresses, {centones vel cilicia,) Caes. de bell- Civ. ii. 10. They were of an immense bulk, some- times thirty, forty, or fifty foot square, 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 seldom able to stand out long, Liv. xxi. 11. 14. xxxii. 17. xxxiii. 17. But the most dreadful machine of all was the battering ram, (ARIES), a long beam, like the mast of a ship, and armed at one end with iron in the form of a ram's head; whence it had its name. It was suspended by the middle with ropes or chains fiistened to the beam that lay across two posts, and hanging thus equally balanced, it was by a hundred men, more or less, (who were frequently changed), violently thrust forward, drawn back, and again pushed for- ivard, till by repeated strokes it h;id shakqi and broken down Attack a/irf Defence, &? B» G, iii. 430 KOMAN ANTIQUITIESe 521. vii. 22. They withdrew the earth from the mount, {ter- ram ad se introrsus suhtrahebant)^ or destroyed the works by fires below, in the same manner as the besiegers overturn- ed the walls, C*^,?. ibid. Joseph, de Bell. Jud. iii. 12. Where they apprehended a breach would be made, they reared new walls behind, with a deep ditch before them. They employed various methods to weaken or elude the force of the ram, and to defend themselves against the engines and darts of the besiegers, IJv. xiii. 63. But these, and every thing else belonging to this subject, will be beat understood by reading the accounts preserved to us of ancient sieges, particularly of Syracuse by Marceilus, Liv- xxiv. 33. of Am- bracia by Fulvius, Id. xxxviii- 4- of Alesia by Julius Csesar, de Bell. Gall- vii. of Marseilles by his lieutenants, CW. B. Civ- ii. and of Jerusalem by Titus Vespasian, /o^e/'/z. deBelL Jud. When the Romans besieged a town, and thought them- selves sure of taking it, they used solemnly {certo carmine) to call out of it (e V o c A R E ) the gods, under whose protection the place was supposed to be, Liv. v. 21. Hence when Troy was taken, the gods are said to have left their shrines, Firg. jEn. ii. 351, For this reason, the Romans are said to have kept secret their tutelary god, and the Latin name of the city, Plin. iii. 5. s- 9. xxviii. 2- s. 4. Macrob. iii. 9- The form of a surrender we have, Liv. i. 38. Plant. Amph. 1' 1. 71. & 102. and the usual manner of plundering a city when taken, Polyb. x- 16. NAVAL AFFAIRS of the ROMANS. "IVTAVIGATION at first was very rude, and the construc- -^^ tion of vessels extremely simple. The most ancient na- tions used boats made of trunks of trees hollowed, {ex sin- gulis arboribiis cavatis), Virg- G. 126, 262- Plin. xvi. 41. Liv. xxvi. 26. called Alvei, lintres, scaph/e, vel mo- NoxYL A, Paterc. ii. 107. Ovid. Fast. ii. 407. Liv- i. 4. xxv. 3. Plin. vi. 23. Strab. iii. 155. or composed of beams and planks fastened together with cords or wooden pins, called RATES, Festus ; or of reeds called Cannae, Juvenal, v. 89. or partly of slender planks, (carina ac statumina, the keel and ribs, ex levi materia) t and partly of wicker hurdles Naval Affairs, <5'c. 431 or basket-worlc, (re/i(]iium corpus navium vimimhus context tiim)^ aufl covered wiHi hides, as those of the ancient Bri- tons, C(€s. B. C- i. 54. Lucan. iv- 131' and other nations, Herodot, i. 194. Dio- xlviii. 18. hence called N a vie i a vi- TiLiA cor'w arcumsuta^ Plin. iv. 16. vii. 56. 'xvi^naves suti- les^ xxiv. 9. s. 40- in 'allusion to which, Virgil calls the boat of Charon Cymba sutilis, JEii. vi. 414. somewhat si- milar to the Indian canoes, which are made of the bark of trees ; or to the boats of the Icelanders and Esquimaux In- dians, which are made of long poles placed cross wise, tied together with whale sinews, and covered with tlie skins of sea-dogs, sewed with sinews instead of tliread. The Phoenicians, or the inhabitants of Tjtc and Sidon, are said to have been the first inventors of the art of sailing, as of letters and astronomy, Pirn. v. 12. For Jason, to whom the poets ascribe it, Ovid. Met. vi. vers. ult. et Amor-u. 11. \, Lucan. iii. '194- and the Argonauts, who first sailed under J ason from Greece to Colchis, in the ship Argo, in que^t of the golden fleece, that is, of commerce, flourished long after the Phoenicians were a powerful na- tion. But whatever be in this, navigation certainly received from them its chief improvements. The invention of sails is by some ascribed to iEolus, the god of the winds, Diodor. v. 7. and by others to Daedalus ; whence he is said to have ?to\vn like a bird through the air, Firg- JEiU. vi. 15. They seem to have been first made of skins, which the Feneti, a people of Gaul, used even in the time of C^^ar, B. G- iii- 13. afterwards of flax or hemp; whence lintea and carbasa, (sing, -w^,}, are put for veia^ sails- Sometimes cloths spread out were used for sails. Tacit- An." nal' ii. 24. Hist, v- 23. Juvenal, xii. 66. It was long before the Romans paid any attention to navat affairs. They at first had nothing but boats made of thick planks, (ex tabulis crassioribus, Festus), such as they used on the Tiber, called Naves CAUDiCARiiE; whence Appius Claudius, who first persuaded them to fit out a fleet, A. U, 489, got the surname of Caudex, Senec. de brev. vitce^ 13. Varr- de Fit. Rom. 11. They are said to have taken the mo- del of their first ship of war from a vessel of the Carthagini- ans, which happened to be stranded on their coasts,, and to' 432 RdMAN ANTIQUITIES, have exercised their men on land to the management of ships, Folyb, i. 20. & 21. But this can hardly be reconcil- ed with what Polybius says in other places, nor with what we find in Livy about the equipment and operations of a Ro- man fleet, Liv. ix. 30, 38. Their first ships of war were probably built from the model of those oiAntium, which, af- ter the reduction of that city, were brought to Rome, A. U. 417, Uv. viii- 14. It was not, however, till the first Punic war that they made any figure by sea. Ships of war were called NAVES LONG^, because they were of a longer shape than ships of burden, f naves ONERARIiE, oXKAhiy whence hulks ; or barcce, barks, Isu dor. xix- !•), which were more round and deep, C^s. B. G- jv. 20. V. 7- The ships of war were driven chiefly by oars, the ships of burden by sails, C*5- B. G- iv. 25. Cic. Fam. xii. 15- and as they were more heavy (gravioresJ^ and sail-, ed more slowly, they were sometimes towed (remulco trac- t(s)^ after the war ships, Liv. xxxii. 16- The ships of war were variously named from their rows or ranks of oars fab ordinibus remorum). Those which had two rows or tiers were called Biremes, {Dicrota^ Cic. Att. v. 11, xvi. 4. vel Dicrotce, Hirt. B. Alex. 47.) three, triremes ; four, quadriremes ; five, quinqueremes vel penteres. The Romans scarcely had any ships of more than five banl^s of oars ; and therefore those of six or seven banks are called by a Greek name; Nexeres, Hep teres, Liv. xxxvii. 23. and above that by a circumlocution, naves, octo, novem, decern ordinum, vel versuum, Fior. iv. 11. Thus Livy calls a ship of sixteen rows, (fx»«<(J'£x>j/>ijs, Polyb.), navis tngentis magnitudims, quam sexdecim versus remorum agebant, Liv. xlv. 34. This enormous ship, however, sailed up the Tiber to Rome, Ibid. — The ships of Antony, (which Florus says resembled floating casdes, and towns, iv- 11-4. Virgil, float- ing islands or mountains, .fEn, viii. 691. So Dio, 1. 33.), had only from six to nine banks of oars, Flor. iv. 4. Dio says from four to ten rows, 1. 23^ There are various opinions about the manner in which the rdwers sat. That most generally received is, that they were placed above one another in different stages or benches {in tramtris \c\Jugis) on the side of the ship, not in a perpen- Naval ArrAiRs, ^c, 433 Ciicular line, but in the form of a quincunx. The oars of the lowest bench were short, and those of the other benches in- creased in length, in pmportion to their height above the wa- ter- This opinion is confirmed by several p:».ss*tges in the classics, Firg. Mn. v. 119. Lucan. iii- SS6. Sil. Italic- xiv. 424. and by the representations which remain of ancient gal- lies, particularly that on Trajan's pillar at Rome. It is, how- ever, attended with ciifficultiesnot easily reconciled. There were tliree different classes of rowers, whom the Greeks called Thranitx^ Zeugita: or Zt'ugioi, and Thalaml- t*, or -ioi, from the different parts of the ship in which they were placed. The first sat in the highest part of the ship, next the stern ; the second, in the middle ; and the last in the lowest part, next the prow. Some think that there were as many oars belonging to each of these classes of rowers, as the ship was said to have ranks or banks of oars : others, that there were as many rowers to each oar, as the ship is said to have banks ; and some reckon the number of banks, by that of oars on each side. In this manner they remove the diffi- culty of supposing eight or ten banks of oars above one ano- ther, and even forty ; for a ship is said by Plutarch and A- thenaeus, to have been built by Ptolemy Philopator which had that number : so Piin. vil 56. But these opinions are involved in still more inextricable difficulties. Ships contrived for lightness and expedition {naves AC- TUARI/E) had but one rank of oars on each side, fsimpli'. ce oi'dme agebantur^ i^ovapen. Tacit. Hist. v. 23.) or at most two, C^s- B. G. V 1. Lucan. iii. 534- They were of diffe- rent kinds, and called by various names ; as, Celoces, i. e. naves celerei vel cursori^, Lembi^ Pliaseli, Myoparones., &c- Cic. et Liv. But the most remarkable of these were the wa° ves LlBURNiE, Horat. Epod- i. 1. a kind of light gallies used by the Liburni., a people of Dalmatia, addicted to pi- racy. To ships of this kind Augustus was in a great measure indebted for his victory over Antony at Actium, Dioy 1. 29- 32- Hence after that time the name of naves LIBURNiK was given to all light quick-sailing vessels ; and few ships were built but of that construction, Veget. iv. 33. Ships were also denominated from the country to which tliey belonged, Gfs. B, C iii. 5. Cic, Ver)\ v. ^% and the '^ T 434 ROMAN ANTIQUITIES. various uses to which they were applied ; as Naves Me r - c AT QRiJEs^frumentaria^ vinariaj olearia ; PiscATORiiEi JLiv. xxiii. 1. vel lenuncnli, fishing, boats, Cas. B- C. ii- 39. Specvlatorim Gt expioratoria^ spy-boats, Z/iu- xxx- 10^ xxxvi- 42. PLiRATiciE vel pfedator'ta^ Id. xxxiv. 32. 36. Hy PPAGOG^, ytlHyppagineSy for carrying horses and their riders, Lrv. xliv. 28. Gell- x. 25. Festus- Tabellari^, message. boats, Senec- Epist- 77. Plant. MiL Glor. iv. 1. 39. Vectori^ gr a vEsquE, transports and ships of bur- den ; Announce privatxque^ built that or the former year for private use ; some read annonarice, i.e. for carrying provisions, C<^s. B. G- V. 7. Each ship had its long-boat joined to it., {,cymbuU onerariis adh«rescebantj ^ Piin. Ep. 8. 20. A large Asiatic ship among the Greeks was called Cer- euRUS, Plant- Mtrc i. 1. 86. Stick- ii. 2. 84. iii- 1. 12. it is .supposed from the island Corcyra : but Pliny ascribes the invention of it to the Cyprians, vii. 56- Gallies kept by princes and great men for amusement, were called by various names ; Triremes ceratts vel arata^ lusnria et cubicnlata vel thalarnegiy pleasure-boats or barges, Senec. cie beu' vii. 20- Suet- C^s. 52- priva, i. e, propria et non meritorix, one's own, not hired, Horat. Ep. i. 1- 92^ sometimes of immense size, Deceres vel decemr ernes , Suet. Cal. 37. Each ship had a name peculiar- to itself inscribed or paint- ed on its prow; thus, Pristis, ScyLLA,CENTAURUs,&c, Virg. Mn. v 116. &c. called PARASEMON, its sign, He^ rodot. viii. 89. Liv. xxxvii. 29- or INSIGNE, Tacit- Ann. Vi. 34. as its tutelary god ituteia vel tutelar e numen) was on its stern, Ovid. Trist. i. el. 3. v. 110. et el. 9- v- I- Herod. xvi. 112. Pers. vi- 30. Sil. Ital xiv. 411. 439. whence that part of the ship was called TUTEL A or Cautela^ and held sacred by the mariners, Lucan. iii. 510- Senec. Epist- 76. Petron.z. 105. There supplications and treaties were made^ Lav- XXX. '^^. Sil. Ital. xiii. 76. In some ships the tutela and ira/wo-jjttev were the same, Serv,, ndVirgil. Mn. v. 116- Act. Apost. xxviii. 11. Ships of burden used to have a basket suspended on the top of their mast as their sign, QprosignoJ, hence they were called CoRBiTiE, Festus-, Cic. Att- ;tYi, 6> Plaut* Poen. iii. 1,4. & 40. Naval Affairs, ^c. 435 There was an ornamciU in the stern, and sometimes on the prow, made of wood like the tail of a fish, called AP- LUSTRE, vel plur. -ia, from which was erected a staffer pole with a riband or streamer (fascia yt\f(cma) on the top, Juvenal, x. 136- Liican. iii. 671. The ship of the commander of a fleet (.navispr^^toria) was distinguished by a red flag, ivexillum vel velumpiirpureum)^ Tacit. Hist. v. 22. Plin. xix. 1. Cccs. B- C. ii. 6. and by a light, Flor. iv. 8. Firg. jEn. ii. 256. The chief parts of a ship and its appendages were, CA^ RINA, the keel or bottom ; Statumina., the ribs, or pieces of timber which strengthened the sides ; PRORA, the prow or forepart ; PUPPIS, the stern or hind-part ; ALVEUS, the belly or hold of the ship ; SENTINA, the pump, Ctss. B. C' iii- 25' or rather the bilge or bottom of the hold, vvhere the water, which leaked into the ship, remained till it was pumped out, (donee per ai^tli am exhauriretur), Cic. Fam. ix. 15. Sen. 6. Martial, ix. 19, 4. Suet. Tib. 51- or the bilge^ water itself, Juvenal, vi. 99. properly called n a u t e a , Plant, Asin. v- 2- 44. A'anitis, 1. 25. In order to keep out the wa- ter, ships were besmeared with wax and pitch ; hence call- ed CERATE, Ovid. Her. v- 42, On the sides {latera') were holes {foramina) for the oars, (REMI, called also by the poets tonsce^ the broad part or end of them,/ja/;Ka vel palmula)^ and seats (sedtliaxoi ti'anstra) for the rowers , ( r e Jii g e s). Each oar was tied to a piece of wood, {paxillus vel lignum teres,) called SCALMUS, by thongs or strings, called SxROPPi vel struppi, Isid. xix. 4. hence scalmus is put for a boat, Cic. Off. iii, 14. Navicula duorum scalmorum., a boat of two oars, Cic. Orat. ii. 34. Actuaria, sc. navis, decern scalmiSi Id. Att. xvi. 3. Quattwr scalmorum navis, Fell. ii. 43. The place where the oars were put when the rowers were done working, was called Casteria, Plant. Asin. iii. 1. 16. On the stern was the rudder, (GUBERNACULUM vel clavus^ and the pilot {gubernator) who directed it. Some shrps had two rudders, one on each end, and two prows, so that they might be moved either way w^ithoutturn^ jng, Tacit. Annal. ii. 6. much used by the Germans, Id.dc 436 ROMAN ANTIQUITIES, Mor. G. 44. and on the Pontus Eux'mus^ or Black Sea, called CAMARiE, Strab- xi. 496. because in a swelling sea they were covered w ith boards like the vaulted roof of a house, (camera)^ Tacit. Hist. iii. 47. Gell. x- 25. hence Ca- morita^ the name of a people bordering on the Black Sea, Eustath. ad Dionys. 700. On the middle of the ship was erected the mast, (MA- LUS), which was raised, fattollebatur vel erigebatur), Cjc. Verr. v. 34. when the ship left the harbour, and taken down ( mcUnahatur vel ponebatur)^ when it approached the land, Virg. j^n- V. 829- Lucan. iii. 4.^- the place where it stood Was called Modius, Isid- xix. 2. The ships of the ancients had only one mast. On the mast were fixed the sail-yards, (Antennae vel hrachia)y and the sails (VELA) fastened by ropes {funes vel rudentes). Immittere rudentes^ to loosen all the cord- age ; pandere vela, to spread the sails, Plin. Ep. viii. 4. The sails were usually white, as being thought more luc- ky, Ovid. Her. ii. II- Catull. Ixiv- 225, &c- sometimes co- loured, Plin xix- i. s- 5- The ends of the sail-yards were called CORNUA ; from which were suspended two ropes called PEDES, bra- ces, by pulling which towards the stern, the sails were turn- ed to the right or left- If the ^vind blew obliquely from the left, they pulled the rope on the right, and so on the contra- ry : hence facere pedem, to trim or adjust the sails, Ftrg^ j^n. V. 830. Obliquat Itevo pede carbasa, turns the sails so as to catch the wind blowing from the right, Lucan. v, 428- so obliqi4at sinus in v entu m, Virg- /En. v. 16. Currere u- troque pede, to sail with a wind right astern, or blowing di- rectly from behind, Catull. iv- 21 In contrarium navigare prolatis pedibus, by tacking, Plin- ii. 57. s- 48- LitenUere brachia velis, i. e. vela brachiis, to stretch the sails, or to haul them out to the yard arms, Firg. Mn. v. 829- Dare vela ventis, to set sail, Firg- ,^n. iv. 546. So Velafacere^ Cic. Vcrr. v- 34. or to make way, Virg. Mn- v. 281. Subdu- cere vela, to lower the sails, Sil. vi. 325. Ministrare velis^ vel -a, i. e. attendere, to manage, by drawing in and letting out the opposite braces, {adducendo et remittendo vel profe- fendo pedes), Virg- iEn* vi. 302. x- 218. Velis remis, so. et^' Naval Affairs, ^c. 437 i. e. summo vi, vianibus iyedibusqiiCy omnibus ncrvis^ with might and main, Cicad Q Fratr. ii- 14- Tusc- iii 11- Off. iii- ?i%. but in the last passage the best copies have vir'is c- qidsqiie ; as, Phil viii- 7- So remigio veloque. Plant. Asiri' 1 5- 5- who puts navales pedes for remiges et nautcarct^^af^.xrci, tabulota vcl coustrata habebant, decks) ; others uncovered, ^opertx, ci(p^»r.Tai, v. -««), Cic. Att' v. 11. 12. vi. 8. & 12. except at the prow and stern, where those who fought stood, Liv. xxx. 43. xxxvi. 42. CI ■ 442 ROMAN ANTIQUITIES, They were drawn to sea by ropes and levers, {vectibus), with rollers placed below, {cylindris lignisque teretibus et ro- tundis subjectis)., called Palanges, vel -ga, Ca;s- B. C. ii. 9. or ScuTD LiE, Ibid- iii. 34. and according to some, lapsus rotarum ; but others more properly take this phrase for ro- ta labentes^ wheels, Virg. .'En- ii. 236. Archimedes invented a wonderful machine for this pur. ]30se, called Helix- At/ien. v- Plutarch- InMarcelL — Sil. ItaL xiv- 352. Sometimes shipb were conveyed for a considerable space by land, Liv. xxv. 11. Sil- xii- 441. Suet. Cal- 47. and for that purpose they were sometimes so made, that they might be taken to pieces, Curt. viii. 10. Justin- xxxii. 3. a practice .still in use. Augustus is said to have transported some ships from the open sea to the Ambracian gulf near Actium, on a kind of wall covered with the raw hides of oxen ; Dio, L. 12- in like manner over the Isthmus of Corinth, Id. LI. 5. Strab. viii. 335. So Trajan, from the Euphrates to the Ti- gris, Id. xlviii. 28- The signal for embarking was given with the trumpet. Zw- can. ii. 690. They embarked (conscendebant) in a certain or- der, the mariners first, and then the soldiers, Liv. xxix- 25.^ xxii. 16. They also sailed in a certain order, Firg. jEn. v. 833. the light vessels usually foremost, then the fleet or ships of war, and after them the ships of burden. But this order was often changed, Liv. passim- When they approached the place of their destination, they were very attentive to the objects they first saw, in the samb manner as to omens at their departure, Virg. Mn. iii. 537 Liv. xxix. 27. xxx. 25. When they reached the shore, {terram appuleruntj, and landed (exposuerunt) the troops, prayers and sacrifices again were made, Liv. xxxvii- 14. 47. If the country was hostile, and there was no proper har- bour, they made a naval camp, {castra navalia vel nautica) and drew up their ships on land, isubducebant), Liv. xxx- 9. 10. xxiii. 28- Cues- B. G. iv. 21. They did so, especially if they were to winter there, Liv. xxxvi. 45. xxxviii. 8, But if they were to remain only for a short time, the fleet %Yas stationed in some convenient place, ad (tnghoram stabatj Naval Affairs, £sV. 443 scl /// stations fenebatur)^ not far from land, Liv. xxxi. 23. xxxvii. 15. xxiv. 17. C^s. 11 C. iii. 6- iv. 21- B. Mex. 25. Harbours rPORTUS>> were most stront^lv fortified, es- pecially at the entrance, faditu^ vel introitits ; os, ostium, xel/aucesJ, Virj^. JEn. i. 404. Cic. ct Liv. The two sides of whicli, or the pters, were called CORNUA, Cic. Att. ix. 14. Lucan. ii. 615. 706. or BRACHIA, Plin. Ep. vi. 31. Suet. Claud. 20. Liv. xxxi. 26. on the extremities were e- rccted bulwarks and towers, Vitruv.w 11. There was usu- ally also a watch-tower, (Pharos, plur. -7), Ibid- with lights to direct the course of ships in the night-time, as at Alexan- dria in Egypt, C?. B. Alex, 11. or threw fire-brands, and pots full of coals and sulphur, with various other combustibles, Stuppea fiamma manu^ telisque volatile ferrurn spargitur^ Virg* I^n, viii. 694. which were so successfully employed by Augustus at the battle of Actium, that most of Antony's fleet was thereby destroyed, Dio, L. 29. 34, & o5. Hence Vix unasospes navis ah ignibus, Horat- od. i. 37. 13. In sieges they joined vessels together, and erected on them various engines, Curt. iv. 13. Liv- xxiv. 34. xxvi. 26. Cces. B, C. iii. 34. or sunk vessels to block up their liarbours, /6z(f. et Liv. xxxv* 11« 14. The ships of the victorious fleet, when they returned home, Iiad their prows decked with laurel, and resounded with tri- umphant music, Dio. LL 5. The prizes distributed after a victory at sea were much the same as on land. (Seep. 416) Also naval punishments, pay, and provisions, &c. Liv. xxiii. 21. 48. The trading vessels of the ancients were in general much inferior in size to those of the moderns. Cicero mentions a number of ships of burden, none of which was below 2000 amphoriv (quorum minor nulla erat duum milliuni amphorum)^ i- e. about fifty-six ton, which he seems to have tliought a large ship, Cic, Fam, xii, 15, There were, how- The Roman Dress. 445 €vcr, some ships of enormous bulk. One Imilt by Ptole- my is said to have been 280 eubits, i. e. 420 feet long, and another 300 feet ; the tonnage of the former 7182, and of the latter 3197, Athena us. The ship whicli brought from Egypt the great obelisk that stood in the Circus of the Va- tican in the time of Caligula, besides the obelisk itself, had 120,000, modii of lentes, lentiles, a khid of pulse, for ballast, about 1138 ton, Flm.xy'i. 40. s. 7G- CUSTOMS OF THE ROMANS. 1. The ROMAN DRESS. nnHE distinguishing part of the Roman dress was the TO- -*- GA or gown, as that of the Greeks was the Pallium^ Suet. Aug. 98. and of the Gauls, -5rfl<:cy the ancient Romans, and are seldom mentioned in the classics. The use of linen was in- troduced under the emperors from Egypt, Plin. Prtef, whence Sindon vel vestes Byssintje., fine linen. Girls wore a linen vest or shift, called .Supparum vel -us, Phut. Rud. i. 2. 91. Lucan. ii. 363- Festus. The Romans in later ages wore above the toga a kind of greatcoat, called LACERNA, Juvenal, ix. 29. open be- fore and fastened with clasps or buckles, (FIBULiE, which were much used to fasten all the different parts of dress, Virg'> Mn. iv. 139. Ovid, il/^^ viii. 318. except the ^o^-c J, es- pecially at the spectacles, Martial, xiv. 137. to screen them from the weather, with a covering for the head and shoulders, {capitium^ quod capit pectus, Varr- L. L. iv. 30.) called CUCULLUS, Juvenal, vi. 118. 329. Martial. xi. 99. They used to lay aside the lacerna., v/hen the em- peror entered. Suet. Claud. 6. It was at first used only in the army, Paterc- ii. 80. Ovid- Fast. ii. 745- Prop. iii. 10. 7- but afterwards also in the city. During the civil wars, when the toga began to be disused, the lacerna came to be worn in place of it, to such a de- gree, that Augustus one day seeing from his tribunal a number of citizens in the assembly dressed in the lacerna^ ipullati vel lacernatij, which was commonly of a dark co- lour, Martial, xiv. 129. repeated with indignation from Virgil, " Romayios rerum dominos gentemque togatam .'" JtLn. i. 282. and gave orders to the ediles not to allow any one to appear in \hQfo7'um or circus in that dress, Suet. Aug. 40. It was only used by the men. Scholiast, in Juvenal. I. 62. and at first was thought unbecoming in the city, Cic. Phil. ii. 30. It was sometimes of various colours and tex- turCj Juvenal, i, 27. ix. 28. Martial' ii. 19, 454 ROMAN ANTIQUITIES. Similar to the lacerna was the LiENA, {%>^ait.)^j^ a Gre- cian robe or mantle thrown over xhf- pnllium. Ser<'- ad Virg. Mr\. V. 262. Festus, Martial, xii. 36. xiv. 13. 136. The Romans had another kind of great coat or surtout, resembling the lacerna^ but shorter and straiter, called PENULA, which was worn above the tunic, Suet. Ner. 48. having likewise a hood, (caput vel capithim), Plin. xxiv. 15. used chiefly on journies and in the army, Cic. Ate. xiii. 33. Mil. 10. Sext, 38. Jiiv. v. 78. Senec- Ep. 87. JV. Q- iv. 6. also inthe'city, Suet. Cic. 52. Lamprid. Alex. Sev. 27. sometimes covered with a rough pile or hair for the sake of warmth, called GAUSAPA, sing- et plur. vel. e ; Patron. 23. Ovid. Art. Am. ii. 300. Pers. vi. 46- or Gau- sapina panula. Martial, vi. 59. xiv. 145. 147. of various co- lours, and common to men and vvomen, zbid. sometimes made of skins, Scortea, JFestus, Martial, xiv- 130. The military robe of the Romans was called SAGUM, an open woollen garment, which was dravv-n over the other clothes and fastened before with clasps, Suet- Aug. 26. Sil. xvii. 531. in dangerous conjunctures worn also in the city, by all except those of consular dignity, Cic. Phil. viii. 11. as in the Italic war for two years, Liv. Epit. 72. & 73. Paterc. ii. 16. Distento sago impositum in sublime j acta?' e^ to toss in a blanket, Suet. 0th. 2. Martial, i. 4. 7. The Romans wore neither stockings nor breeches, but used sometimes to wrap their legs and thighs with pieces of cloth, (FASCIi^, vel -ioU., fillets, bands, or rollers), named from the parts which they covered, TIBIALIA, and FEMI- NALIA, or Femoralia, i. e. tegumenta tibiarum etfemo- rufUy Suet. Aug. 82. similar to Avhat are mentioned, Exod. xxviii 42- Levit. vi. 10. xvi. 4; Ezek. xliv. 18- used first, probably, by persons in bad health, Cic. Brut. 60- Horat. Sat. ii. 3. 255- Quinctil. xi. 3. afterwards by the delicate and effeminate, Cic- Att' ii. 3. Har- resp. 21. Suet. Aug. 82. who likewise had mufflers to keep the throat and neck warm, called FOCALIA vel Focale, sing, {a faucibus), Horat. et Quinct. ibid. Martial iv. 41. vi. 41. xiv. 142, used chiefly by orators. Ibid, et Gell. xi. 9. Some used a handkerchief CSUDARIUM) for that purpose, Suet. A'er. 51. The Roman Dress. Aoth Women used ornaments round their lei?s, (ornamenta circa crura), called PP:RISCELIDES, Borat- Ep. I 17- 56- The Romans had various coverings for the feet, (calcea- menta vcl tegumttita pedunu Cic. Tusc» v. 32-), but chief- ly of two kinds. The one (C ALCEUS, 'vxohf^*, ;i shoe), co- vered the whole foot, somewhat like our shoes, and was tied above with a latchct or lace, a point or spring, (CORRL GIA, LoRUM vel Licula), Cic. dc Diviri' U' 40* Alartiai' ii. -29. 57- The other (SOLEA,o-*yJ'aA/oy, a slipper or sandal, g uod so\o pedis subjiciatur, Festus), covered only the sole of the foot, and was fastened on with leatliern thongs or strings, teretibns hahems vel obstrigillis vincta, GeJl. xiii. 21. amentis, Plin^ xxxiv. Q. s- 14. hence called Vincula, Ovid' Fast, ii' 324. Of the latter kind there were various sorts; Crepid^, vel -dul^e, lb- Cic' Rabir- Post' 27' Horat Sat- i- 3- 127. Gallics, Cic- Phil- ii- 30- Gell- xiii. 21. hC' and those who wore them were said to be {^dis- calceati, uvwo^r,Toiy pedibus intectis. Tacit. Ann. ii. 59* The Greeks wore a kind of shoes, called Ph^casia, Senec. de benef- vii. 21. The calcei were always worn with the toga when a per- son went abroad, Cic' ibid» PUri' Epist- vii. 3. Suet- Aug' 73. whence he put them off, (calceos et vestimenta muta' vit), and put on {indupbat vel inducebat) slippers when he weni- on a journey, Cic- Mil- 10. Caligula permitted those who chose, to wear slippers in the theatre, Dio' lix. 7- as he himself did in public, Siift- 52. Slippers isolead were used at feasts. Plant' TruC' ii. 4. 13. Horat' Sat' ii- 8. 77- Ef)- i. 13. 15. but they put them oft" when about to eat. Martial' iii. 50* It was esteemed effem- inate for a man to appear in public in slippers, (soleatus\ CicHar. Resp. 21. Verr-v. 33. Pis- 6. Liv. xxix. 19. Su- et- Cal. 32. Slippers were worn by women in public, Plant- Tare Ii. 8. The shoes of senators oame up to the middle of their legs, Plorat' Cat'i' 6. 27. and had a golden or silver crescent (lunu vel lunula, i. e. litera C)on the top of the foot, JuvenaU vii- 192. hence the shoe is called Lunata pellis Martial- i. 50- and the foot lunata planfa, Id- i1. 29- Rut this seems to U 456 KOMAN ANTIQUITIES. have been peculiar to Patrician senators, Scholiast' in Ju- venal- hence it is called Patiiicix\ lux a, Stat, Silv. v« 3^ 28. The shoes of uomen were generally white, Ovid. Art- Ani' lii' 27 1' sometimes red, scarlet, or purple, [rubric mullein et ptirpurei), Pers- v. 169. Virg. Eel- vii. 32. /En. i- 341. yel- low,/r/^e? vel c^-m), Catull. lix- 9, &c. adorned with em- broidery and pearls, particularly the upper leathers or up- per parts, Ccrepidariun obstragula)^ Plin. ix. o5' S' 56' Men's shoes were generally black ; some wore them scarlet or red, 3Ia?'tial' ii- 29. 8- as Julius Ccesar, Dio. xliii. 43. and, cspegially under the emperors, adorned with gold, silver, and precious stones, Plant. Bacch' ii. 3. 97. Senec- ii. 12. Pliu' xxxvii' 2- They were sometimes turned up in the point in the form of the letter f, called Calcei repandi^ Cic de Nat. D. i- 30- The senators are said to have used four latchets to tie their shoes, and plebeians only one, Isid. xix- 34. Senec. de Tran- qmll- Anim. 2. The people of ancient Latium wore shoes of unwrought leather, {ex corio crudo)^ called PERONES, Virg. A^m. vii. 90- as did also the Marsi^ Hernici^ and Festini, who were likewise clothed in skins, JurenaL xiv. 195, &.c. It was long before they learned the use of tanned leather, (Alut^ ; ex alumine^ (of ulam), quo pelles subigebantur, ut molliores fierentJ^ which was made of various colours, Martial, ii. 29. vii. 24. The poor people sometimes wore v/ooden shoes, {soleae lignexJ ^ Vvhich used to be put on persons condemned for parricide, Auct. ad Herenn. i- 13. de Invent, ii. 50. Similar to tliese were a kind of shoes worn by country people, caaed ScuLPoNEiE, Cato de re R. 59. widi which they sometimes struck one another in the face, Cos batue- bant)^ Plant- Css- ii. 8. 59. as courtezans nsed to treat their lovers, [comrnitigare sandalio caput), Terent. Eun. v- 8, 4, Thus Omphale used Hercules, ib. The shoes of the soldiers were called Calico, sometimes hhod with nails, (clavis sufflx^e), seep. 397. of the comedi- ans, SOCCI, slippers, often put for sole^ ; of the tragedians, CoTHURN^i' Seep. 383- The Roman Dresg. 4S7 The Romans sometimes used socks or coverings for the feet, made of wool or goat's hair, called UDONES,iliariza/« xiv. 14{). The Romans also had iron shoes (Sole/E FERREiE)for mules and horses, not fixed to the hoof with nails as among us, iMit fitted to the foot, so that they might be occnsionally put on and off, Catidl xviii- 26- Suet Ner. 30. r<«.9/J- 23- Plm- XXXV. 11. s. 49. sonutimes of silver or gold; {Poppcsa conjux Neronis delicatioribus jumentis suis soleaa ex auro (juoqueinduere), id- xxxiii. 11» s. 49. DiOy Ixii* 28* Some rhink that the ancients did not use gloves, (chirothe- C(t vel manicce)' But they are mentioned both by Greek and Roman writers. Homer' OdysS' 24. Pliri' Ej)- iii* 5. with fin- gers, {digitalia, -um), Varr. R. R. i. 55' and without them ; what we call tnittens' The ancient Romans went with their head bare, (capita aperto), as we see from ancient coins and statues, except at sacred rites, games, festivals, on journey and in war. Hence of all the honours decreed to Caesar by the senate, he is said to have been chiefly pleased with that of always wearing a laurel crown, because it covered his baldness, Suet. Jul- 45. which was reckoned a deformity among the Romans, Ovid- Art. Am- \\\- 250. Tacit. Anna!, iv- 57- Suet. Domit. 18- Ju- venal- iv. 38' as among the Jews, II. Kings, ii- 23. They used, however, in the city, as a screen from the heat or vvind, to throw over tlieir head the lappet of their gown, flaciniam vel sinurn tog« in caput rejicereJ^ which they took off when they met any one to whom they were bound to shew respect, as the consuls, &c- Plutarch- in Pomp, et qutext. Rom- 10. Seep. 118- The Romans veiled their heads at all sacred rites but those of Saturn, Serv. in Virg. ,^n- iii. 405. Liv- i- 26. in cases of sudden and extreme danger, Plaut. Most- ii. 1- 77. Pe- tron. 7' 90. in grief or despair, as when one was about to thrr-w hi?7iself into a river or the like, Horat. Sat- ii- 3. 37. Ijiv. i\ 12. Thus Ccesar, when assassinated in the senate house, Suet. C ed on a skin. Martial, xiv. 50. This contrivance does not appear to have been known in the time of Julius Cassar, Su- et. Jul. 45. at least not used by men ; for it was used by wo- men, Ovid Amor- i- 14. 45. In great families there were slaves for dressing the hair and for shaving, (TONSORES), Ovid. Met. xi. 182. Mar- tiaL vi- 52. and for cutting the nails, Plaut' AuL ii- 4. QiZ- Roman Entertainments, ^c. 460 Tibull. i. 8. 11. Val. Max iii- 2. 15. sometimes female slaves did this, (Ton s trig es), Cic. Tusc-\.20. Plant- True- iv. 3. 59. Tliere were for poorer people public barbers' shops or shades (TONSTRINi^J, much frequented, Ter. Phorm. 1. 2- 39. Ilorat' Ep- i- 7- 50. where females also used to of- ficiate, Martial' ii. 17- Slaves were dressed nearly in the same manner with the poor people, (Seep. 452. in clothes of a darkish colour {pullatij, and slippers, Ccrepidati) ; hence vestis servilis, Cic. Pis- 38. Servilis habitus^ Tacit- Hist. iv. ^6. Slaves in white are mentioned with dis'.;pprobation. Plant, Casiti' ii. sc. ult. Snet. Dom, 12. They wore either a strait tunic called Exomis orriPHTHERA, Gell. vii* 12. He^ sych. 16. or a coarse frock (lacerna et cucullus), Horat. Sat. ii- 7- 54. Juvenal, iii. 170- Martial- x. 76. It was once proposed in the senate, that slaves should be distinguished from citi.-^ens by their dress ; but it appeared dangerous to discover their number, Senec- de clem, i- 24, Epist. 18. Slaves wore their beard and hair long. When manumit- ted they shaved their head, and put on a cap, (pileus), Juve- nal, v. 171. Plant. Amphit. i. 1. 306. See p 45. In like manner, those who had escaped from shipwreck shaved their head. Plant- Pud. v. 2. 16. Juvenal- xii. 81. Lucian in Ermotim. In calm weather mariners neither cut their hair nor nails, Petron. 104. So those accused of a ca- pital crime, when acquitted, cut their hair and shaved, and went to the Capitol to return thanks to Jupiter, Martial. \u 74. Plin. Ep. 7. 27. The ancients regarded so much the cutting of the hair, that they believed no one died, till Proserpina^ either in per- son or by the ministration o^Atropos^ cut off a hair from the head, which was considered as a kind of first fruits of con- secration to Pluto, Virg. Mw iv. 698. Hor- Od- i. 28. 20. II. ROMAN ENTERTAINMENTS, EXERCI- SES, BATHS, PRIVATE GAMES, &c. npHE principal meal of the Romans was what they called -■- CCENA, supper ; supposed by some to have been an- ciently their only one, Isidor' xx. 2. 470 ROMAN ANTIQUITIES. The usual time for the coena was the ninth hour, or three o'clock afternoon in summer, Cic. Fam. ix. 26. Martial. iv. 8. 6. and the tenth hour in winter, Auct. ad. Herenn- iv. 51. Plin. Ep- iii. 1. It was esteemed luxurious to sup more ^dxXyy Juvenal, i. 49. Plin. Pan. 49- An entertainment begun before the usual time, and pro- longed till late at night, was called CONVIVIUM IN» TEMPESTIVUM ; if prolonged till near morning, Coe- NA ANTELUCANA, Cic. Cat. u. 10. CiC' Arc/i- 6. Mur. 6" Verr. iii. 25 Sen. 14. Att. ix. 1. Senec. de ira, ii. 28. Suet. Cal. 45. Such as feasted in this manner, were said epulari vel vivere de die, Liv. xxv. 23. Cat. 47- 6- Suet- J\''er' 27. Curt- V. 22. and in Diem vivere, when they had no thought of futurity, Cic. Phil. ii. 34. Tusc. v. 11. Orat. ii. 40. Plin. Ep. V. 5. a thing which was subject to the ani- m adversion of the censors. About mid-day the Romans took another meal, called PRANDIUM, dinner, which anciently used to be called CCENA, {.Mivn, \, e. cibus communis^ a pluribus su?nptus^ Plutarch. Sympos. viii- 9. Isid. xx. 2- quo Plinius alludere videtur^ Ep ii- 60 because taken in company ; and food ta- ken in the evening, {cibus vesper tinus)^ Vesperna ; Fes- tus in coENA. But when the Romans, upon the increase of riches, began to devote longer time to the coena or com- mon meal, that it might not interfere with business, it was deferred till the evening ; and food taken at mid- day was called Prandium. At the hour of dinner the people used to be dismissed from the spectacles. Suet. Claud. 34- Cal- 56- 58. ; which custom first began A- U. 693. Dio- xxxvii. 46. They took only a little light food (cibum levem etfacilent sumebant, v. gustabant), Plin. Ep- iii. 4. for dinner, with- out any formal preparation, Cels. i- 3. Horat. Sat. \. 6- 127. ii. 4. 22- Senec. Epist. 34. Martial, xiii- 30. but not always so, Plaut. Pcen. iii. 5. 14- Cic. Verr. i. 19. Horat, Sat. ii. 8. 245. Suet. Claud- S3. Domit. 21 Sometimes the emperors gave public dinners to the whole Roman people. Suet. Jul. 38. Tib. 20. A dinner was called Prandium caninum vel abstemi- um, at which no wine was drunk, Cguod canis vino caret) y Gell. xiii. 29- Roman Entertainments, ^c 47l In the army, food taken at any time was called PRAN- DIUM, Liv. xxviii. 14. and the army after it, Pransus PAR AT us, Ge/l. XV- 12. Besides tlie prandium and ccena, it became customary to take in the morning a breakfast, (JENTACULUiM), P/a^^^ Cure. i. 1. 72. Suet. Fitdl. 13. Martial, xiii. 31. xiv. 223. and something delicious after supper to eat with their drink, called COMISSATIO, Suet. Vitell 13. Bomit, 21. They used sometimes to sup in one place, and take this ' after-repast in another, ibid. Liv. xl. 7. 9. Plant- Most. i. 4. 5. As the entertainment after supper was often continued till late at night, Suet. Tit. 7. hence Comissari, to feast lux- uriously, to revel, to riot, {%a(4.»^eivj a, xay^yiy vicus, Fcstus, vel potiusa J^6>H-oi Comus, the god of nocturnal merriment and feasting among the Greeks,) Uor. Od. iv. 1- 9. Quinct- xi. 3. 57- COMISSx\TIO, a feast of that kind, revelling or rioting after supper, Cic- Cat- ii. 5- Mur. 6. Ccel. 15. Mar- tial, xii- 48. 11. Comissator, a person who indulged in. such feasting, a companion or associate in feasting and re- velling, Ter. Adelph. v. 2. 8- Liv. xl. 7. Martial, iv. 5. 3. ix. 62. 15. Petron. 65. Gell. iv* 14. Hence Cicero calls the favourers of the conspiracy of Catiline, after it was suppressed, Comissatores conjurationis, ./i«. i. 16. Some took food between dinner and supper, called ME^ REND A, (.qiiiavulgo dab at ur Us., qui sere merebant, i.e. mercenariis, antequam labore mitterentur ; a domino seu conductore), Plaut. Most. iv. 2. 50. or Antecoena, vel -ium., Isidor. xx 22. The ancient Romans lived on the simplest fare, chiefly on pottage, (puis), or bread and pot-herbs : (hence every thing eaten with bread or besides bread, was afterwards called PULMENTUM orPuLMENXARiuM, o^a'c^av, opso- nium, called in Scotland, KitchenJ ^ Plin. xviii* 8. VaiTo de Lat. Ling. iv. 22. Horat. Sat. ii. 2. 20. Ep. i. 18. 48. Se^ nee. Ep. 87. Phsedr. iii. 7. 23. Juvenal, vii. 185. xiv. 171. Unita pulmentariay i. e. lauta et delicataferculay nice deli- cate dishes, Pers. iii. 102.) Their chief magistrates, and most illustrious generals, when out of office, cultivated the 472 ROMAN ANTIQUITIES. ground with their own hands, sat down at the same board, and partook of the same food with their servants; as Cato the Censor, Plutarch- They sometimes even dressed their dinner themselves, as CURIUS, Plin- xix. 5. s. 26. Juve- nal- xi. 79. or had it brought them to the field by their wives, Martial, vi. 64- But when riches were introduced by the extension ^of conquest, the manners of the people were changed ; luxury seized all ranks, S i. 27. 8. Sat. 4. ii. 39. and made use of the right hand, sometimes of both hands ; for we do not read of their using either knives or forks : hence Mamis unctd\ Hor. Ep. i. 16. 23. He who reclined at the top, (ad caput lecti), was called SUMMUS \t\ primus, the highest ; at the foot, IMUS vel ultimus, tlie lowest ; between them, MEDIUS, which was esteemed the most honourable place, Virg. id. Horat. Sat- ii. 8. 20- If a consul was present at a feast, his place was the lowest on the middle couch, which was hence called Locus Con- sul a r is. because there he could most conveniently receive any messages that were sent to him^ Plutarch, Sympos. ii. 3. The master of the feast reclined at the top of the lowest couch, next to tlic consul. Sometimes in one couch there w"ere only two, sometimes four, Horat- Sat- i. 4, 86. It was reckoned sordid to have more. dr. Pis. 27, 3Q 474 ROMAN ANTIQUITIES. Sometimes there were only t^vo couches in a room ; hence called BICLINIUM, Qiiinctii. i. 5. PlauL Bacch. iv. 4. 69. &102. The number of couches depended on that of the guests, which Varro said ought not to be below the number of the Graces, nor above that of the Muses, Getl. xiii« 11. So in the lime of Plautus, the number of those who reclined on couches did not exceed nine, Stick- iii* 2- 31' iv. 2. 12. Tlie persons whom those who were invited had liberty to bring with them, were called UMBR/E, uninvited guests, Hof' Sat' ii. 8. 22. Ep^ i. v- 28- The bedsteads (SroNDiE) and feet (Fulcra vel pedes) were made of wood, Ovid. Met- viii. 656. sometimes of silver or gold, Suet. Jul. 49 .or adorned with plates, {bracte(ss vel lamince), of silver, Suet. Cal. 22. Martial, viii. 35. 5' On the couch was laid a matress or quilt, (Culc it a, Juve- ■nal. V. 17. Plin. xix. 1. vel matt a, Ovid. Fast. vi. 680.) .stuffed with feathers or wool, Cic. Tusc. iii. 19. anciently with hay or chaff, (f.xno velccereaut paleaJy Varro deLat- ling. iv. ^5. All kinds of stuffing iomma farcimind) were- called TOMENTUM, quasi tondimenttim^ Suet. Tib. 54. Martial, xi.22. xiv. 150. A couch with coarse stuffing,) concisa palus, i. e. arundt- ties palustres), a pallet, was called Tomentum CIRCEN- SE, because such were used in the circus; opposed to Tomentuml^i-^ GomcvM^ v. Leuconicum, J/ar^za/-xiv. 160. Seji. de Vit. Beat. 25. At first couches seem to have been covered with herbs or leaves, Ovid. Fast, i- 200. & 205. hence LECTUS, a couch, quod her bis etfrondibus lectis incubabant)^ Varro de Lat. Ling. iv. 35. t;^/ TORUS, iquiaveteres super her bam tortam discumbebanty Id- et Serv. in Virg- iEn. i. 708. v. 388. vel^ut alii dicunt, quod lectus ionSj i« t.funibus tende- retur., Horat. Epod. xii- 12) or with straw, {stramen vel stratnentum), Plin. viii- 48. Horat Sat. ii. 3. 117. The cloth or ticking which covered the matress or couch, the bed-covering {operimentum vel involiicrum)^ was called TORAL, Ilurat. Sat. ii. 4. 84. Ep. i. 5. 22. by later wri.. ters, Torale Linteuniy or Segestre,v. -trum^ -trium, Var- ro, ibid, ; or Lodix, which is also put for a sheet or blank- Roman Entertainments* ts'c. 47.') ot, Juvenal, vi 194. vii. 66. Martial, xiv- 148. 152. Lndi t'ula, a small blanket or flannel coverlet for the body, Suet, Aug. 83. On solemn occasions, the couches were covered with su- perb cloth, with purple and embroidery, (Stragula ves- Tis), Cic. Ferr. ii. 19. JJv. xxxiv. 7. Horat. Sat. ii. 2.3. 118. picta strnifiUa, Tibull. i. 2. 79. Textile stragulum, an embroidered coverlet, with a beautiful matrcss below, (pulcherrimo strata J, Cic. Tusc. v. 21. but some read here pulcherrime ; <\9,, Lectus str.xX.wi eonchyliato peristromate, bespread with a purple covering, Cic. Phil. ii. 27. also At- TALic A peripetasmata^ Cic. Ver. iv. 12, much the same with what Virgil calls superba auUa., fine tapestry, JEn. i. 697. said to have been first invented at the court {in aula^ liinc aulea), of Attains, king of Pergamus, Plm. viii. 48* Bab'/lonica perrstromafa consutaque tapetia., wrought witb. needle-work. Plant. Stick, ii. 2. 54. Hangings (aiilcea) used likewise to be suspended from t>ie top of the room to receive the dust, Horat. Sat. ii. 8- 54. Serv. in Firg. Mn. i. 697. Under the emperors, instead of three couches vv'^as intro- duced the use of one of a semicircular form, thus C ; calL ed SIGMA from the Greek letter of that name, which usu- ally contained seven. Martial, ix. 48. sometimes eighty called also STIBADIUM, Id- xiv. 87- But in later ages the custom was introduced, which still prevails in the East, of sitting or reclining on the fl'^or at meat, and at other times, on cushions, Accubita, Scholiast, in Juvenal v. 17 Imiti- prid. Heliog. 19. &c 25. covered with cloths, Accubita. 1,1 A, Treb. Pollio in Claud. 14- The tables (MENS^^) of the Romans were anciently square, and called Cibill^, Farro de I^at. Ling-'w. 25. Festus ; on three sides of which were placed three couches, the fourth side was left empty for the slaves to bring in and out the dishes- When the semicircular couch or the sigma came to be used, tables were made round, Juvenal, h 137. The tables of the great were usually made of citron or maple wood, and adorned with ivory, Cic. Ferr. iv ^'^ Martial, xiv. 89. & 90. ii. 43- Plin, xiii- 15. s. 29 476 KOMAN ANTIQUITIES. The tables were sometimes brought m and out with the dishes on them; hence, Mensam atponere, Plant. Asin. V. 1. 2. Id. Most, i- 3. 150. iii. 1. 26. Cic Att. xiv. 21. Ovid. Met. viii- 570. et auferre. Plant. Amph, ii. 2. 175. •!:>;^tile, v. -tele, -telle^ -iim^ v. -ium)^ was furnished them in the house where they supped, to dry them, Virg. JSn. i. 702. G. iv. 377. But each guest seems to have brought with him from home the table-napkin (MAPPA) or cloth, which he used in time of eating to wipe his mouth and hands, Martial, xii. 29. Horat. ii. 8- ^'^, but not always, Hor. Ep. i. 5- 22. The mappa was sometimes adorned widi a purple fringe, (latoclavoj^ Mart. iv. 46- 17. The guests used sometimes, with the permission of the master of the feast, to put some part of the entertainment in- to the mappa^ and give it to their slaves to carry home, Mart, ii. 32. Table-cloths ( linteavillosa^ gausapa vel mantilia') y began to be used under the emperors, J/ar^zc/. xiv. 138. xii. 29. 12. In later times the Romans before supper used always to bathe. Plant. Stich.\.2. 1 9. The weakhy had baths, (BAL- NEUM, vel Balineiim, plur, -ne/e, vel -c), both cold and hot, at their own houses, Cic. de Orat. ii. 55. There were public baths (Balnea) for die use of die citizens at large, Cic. Coel. 26. Horat- Ep. i. 1. 92. where there were separate apartments for the men and women {balnea virilia et muliC' hria), Varrode Lat. Ling, viii- 42. Vitruv. v. 10. Gell. x. 3. Each paid to the bath-keeper {balneator) a small coin, {qua- drans)y Horat. Sat. i. 3- 137. Juvenal, vi. 446. Hence res quadrantariay for balneum^ Senec. Epist. 86. Quadrantaria; permutatio, i. e. pro quadi'ante copiam suifecit^ Cic. CceL 26. So quadrantaria is put for a mean harlot, Quinctil. viii. 6« Those under age paid nothing, Juvenal, vi. 446- The usual time of iDathing was two o'clock (octava hora) in summer, and three in winter, Plin. Ep. iii. 1. Martial' x* 48. on festival days sooner, Juvenal, xi. 205. 478 ROMAN ANTIQUITIES. The Romans before bathing took various kinds of exei- cise, {exercitationes campestres, post decisa negotia campOy sc. Martio, Hor. Ep. i. 1. 59.) as the ball or tennis, (PILA), Herat. Sat. i, 5. 48. throwing the javelin and the discus or quoit, a round bullet of stone, iron, or lead, with a thong tied to it, Horat. Od. i- 8. II. the PALUS, or Palaria, Juvenal, vi. 246. (See p. 406.) riding, running, leaping, &:c. Suet. Aug. 83- Martial, vii. 31. There were chiefly four kinds of balls ; — 1. PILA tri- GO N A LIS vel TRICON, so Called, because those who played at it were placed in a triangle, (;Tfiyavov)^ and tossed it from one another, he who first let it come to the ground was the loser. — 2. FOLLIS vel folliculus, inflated with wind like our foot-ball, which if large they drove with the arms, and simply called Pila, Prop. iii. 12. 5. or Pila velox, Ho- rat. Sat. ii. 2- 11. if smaller, with the hand, armed with a kind of guantlet ; hence called Follis pugillatorius, Plaut- Bud. iii. 4. 16. Martial, xiv. 47 — 3. PILA PA. GANICA, the village-ball, stuffed with feathers ; less than the follis, but more weighty, Martial, xiv. 45 — 4. HAR- PASTUM, {ab a.^'!fa^<», rapio), the smallest of all, which they snatched from one another, Martial- iv' 19- vii. 3L Suet- Aug' 83. Those who played at the ball were said ludere raptim, vel pilam revocare cadentetn, when they struck it rebounding from the ground ; when a number played together in a ring, and the person who had the ball seemed to aim at one, but struck another, ludere datatim, vel non sperato fugientem reddere gestu ; when they snatched the ball from one ano- ther, and threw it aloft, without letting it fall to the ground* ludere expulsimy vel pilam geminare volantem^ Lucan. ad Pise. 173. Plant. Cure. ii. 3- 17. Isidor. i. 21. In country villas there was usually a tennis-court, or place for playing at the ball and for other exercises, laid out in the form of a circus; hence called Sph^risterium, Suet» Vesp' 20- Plin. Ep. ii- 17. v- 6- Young men and boys used to amuse themselves in whirl- ing along a circle of brass or iron, set round with rings, as our children do wooden hoops. It was called TROCHUS, (a T^^xUi c«rro),and Grcsciis trochus, because borrowed from -^ Roman Entertainments, bV. 479 the Greeks, Horat- Od iii- 24. Sl^ Martial xi. 22. xiv. 169. The top (TuiiBo veW;«x///w) was peculiar to boys, Virg* jEtX' vii. 378- Pers. iii- 51- Some confound these two, but improperlj'. Those who could not join in these exercises, took the air on foot, in :i carriage, or a litter. There were vnrious places for walking, (AMBULACRA vel AMBULATIONES, ubi s!)atiarenUir), both public and private, under the open air, or under covering, Cic. Dom. 44. Orat. ii- 20. Jtt. xiii. 29. ad Q- Fratr. iii. 17. Geli i. 2. Horat. Od. ii- 15. 16. Ep. i. 10- 22. Juvenal- iv. 5. vi. 60. Covered walks (PORTICUS, porticos, or piazzas,) were built in different places, chieflj' round the Campus Martius and Forum^ supported by marble pillars, and adorned with statues and pictures, some of them of immense extent ; as those of Claudius, Martial, de Spect. ii 9. of Augustus, Suet. 31. of Apollo, Prop' ii. 31. 1. Ovid- Trist. iii. 1-59. of Nero, Suet' JVer. 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 purposes be- sides taking exercise. Sometimes the senate was assembled, and courts of justice held in them. A place set apart for the purpose of exercise on horseback or in vehicles, was called GES FATIO. In villas it was ge- nerally contiguous to the garden, and laid out in the form of a circus, Plin. Epist. i. 3. ii. 17. An inclosed gallery, with large windows to cool it in sum- mer, was called Cryptoporticus, Plin. Epist. ii. 17- v» 6. commonly with a double row of windows, Id- vii. 21. Literary men, for the sake of exercise, {stomachi causa)., used to read aloud, {dare et intent e /cg-i82 ROMAN ANTIQUITIES, As there was a great concourse of people to the bat'te^, poets sometimes read their compositions there, Horat* Sato i' 4. 73. Martial iii- 44. 10. as they also did in the porticos and other places, Juvenal- i. 12. vii. 39. Plin. JEpist. i« 13. iii. 18. vii. 17- viii. 12- Suet- Aug, 89. Claud- 41. Domit. 2. chiefly in the months of July and August, Fltn. Epist- viii, 21. Juvenat' iii* 9- Studious men used to compose, hear or dictate something while they were rubbed and wiped, Suet- Aug- 85- Plin. Mpist. iii, 5« iv» 14- Before bathing, the Romans sometimes used to bask them- selves in the sun, {sole uti), Phn. Ep. iii. 5- vi. 16. Sen. Ep. 73. In sole y si caret vent&, ambulet nudus, sc. Spurrina, Flin. Ep. iii. 1. Under the emperors, not only places of exercise, {gymna" sia et palestra), but also libraries ibibliotheae) were annex- ed to the public baths, Senec. de Tranquil. An. 9. The Romans after bathing dressed for supper. They put on the SYNTHESIS {vestis cosnatoria vel accubatorid) and slippers ; which, uhen a person supped abroad, were car- ried to the place by a stave, with other things requisite ; a mean person sometimes carried them himself, Horat. Ep, 1. 13, 15- It was thought very wrong to appear at a banquet without the proper habit, Cic- Vat. 12- as among the Jews, 3Iattk.xxn- 11- After exercise and bathing, the body required rest ; hence probably the custom of reclining on couches at meat' Before they lay down, they put off their slippers, that they might ■not stain the couches, Martial, iii. 50. Herat- Sat- ii. 8. 77. At feasts, the guests were crowned with garlands of flow- ers, herbs, or leaves, iserta^ coron but in Sat. ii. 4. 74. ja/ nigrum meaHs simply black salt. Sal is metaphorically applied also to things ; thus, Tec- tum plus sails quam sumptus hahebat^ neatness, taste, ele- gance, Nep. Att. 13. Nulla in corpore mica salis^ Catull. 84. 4. The custom of placing the images of the gods on the ta- ble prevailed also among the Greeks and Persians, par- ticularly of Hercules ; hence called Epitrapezius, Stat' Svlv'iy* 6. 60. Martial, ix. 44. and of making libations, Curt. V- 8. In making an oath or a prayer, the ancients touched the table as an altar, Ovid. Amor. i. 4- 27. and to violate it by any indecent word or action was esteemed impious, Juve- nal' ii- 110. To t^is Virgil alludes, Mn. vii. 114. As the ancients had not proper inns for the accommoda- tion of travellers, the Romans, when they were in foreign countries, or at a distance from home, used to lodge at the houses of certain persons, whom they in return entertained at their houses in Rome. This was esteemed a very inti- mate connexion, aiid called HOSPITIUM, or Jus Hu^pi- til, Liv. i. 1. Henc£ HOSPES is put both for an host or entertainer, and a guest, Ovtd. Met. x. 224. Plaut. Most* ii. 2. 48. Cic' Dejo\. 3. Accipere hospitefn non multi cibi sed multijoci^ Cic. F^wn. ix- 26. Divertere ad hospitem^ De Divin. i. 27. s. 57. Fin. v. 2. Hospitium^ cum ahquo facere\, Liv. et Cic. Jungimus hospitio dextrasy sc- in Virg. JEn, iii. 83. Hosprtio cofijungi^ Cic. Q. Fr. i. 1. Hospitio ali- quem excipere et accipi ; renunciare hospitiwn ei, Cic. Vtrr. ii. 36. Liv. ^xv. 18. AmicitioTn ei more majorum re- nunciare, Suet. Ciil. 3. Tacit- Ann. ii. 70. Domo interdice- re. Id. Aug. 66. ;racit. Ann. vi. 29. This connexion was formed also with states, by the whole Roman people, or by particular persons, Liv. ii. 22. V. 28. xxxvii. 54- Cic. Verr. iv. 65. Bnllh 18. C<^s. B- G. 1.31' Hence ClienteU kospitiaque provincialiai C'lC. Cat. iv. 11. Publici hospitiijura, Plin- iii. 4. Individuals used anciently to have a tally, (TESSERA hospitalitatis) , or piece pf wood cut into two parts, of which Roman Entertainments, b*C' 485 eacli partv kept one, Plauf- Pc^n. v. 1- 22. & 2- 92. They swore fidelity to one another by Jupitei", hence called Hos- pital is, Cic. Q /•>. ii. 11. Hence a person who had 'vio- lated the rights of hospitality, and thus precluded himself access to any family, was said confkegisse tessera m, Fkuf' Cist- ii. 1 27. A league of hospitality was sometimes formed by per- sons at a distance, by mutually sending presents to one ano- ther, Firg' Mn. ix. 361- The rclatifjn of hospites was esteemed next to that of p:>rents and clients, Geii i. 13. To violate it was esteemed the greatest impiety, Firg, j^n» v 55. Cic- Vtrr- v. 42. The reception nf any stranger was called Hospithtm^ or plur -ia, Ovid. Fast. vi. 536. and also the house or apart- ment in which he was entertained ; thus, hospitium sit tua villa meurn^ Ovid. Pont. i. 8. 69. Divisi in hospitia, lodgings, IJv'W' 14. Ho SPIT ALE cuhiculum, the guest-chamber, IJV' i. 58. HosPitio utebntur Tulli. lodged at the hou'^eof, lb- 35. Hence Florus calls Ostia, Maritimum urbis hospiti- um, i. 4. So Virgil calls Thrace, Hospitium antiquum Tro- jte, a place in ancient hospitality with Troy, jEn* iii. 15. Linqiiere pollutum hospttiiim, i. e. locum in quo jura hospU tiiviolata fuerant, I'h- 61- The Roman nobility used to build apartments {dotnuncu- Ice) for strangers, called HOSPITAL! A, on the right and left end of their houses, with separate- entries, that upon their arrival they might be received there, and not into the /)z- Ep. i. 7. nuclei pinei, pine-apples ; also sweetmeats, confects, or con= fections, called Edulia mellita vel dulciaria ; ciipedie ; crus- tula, liba, placentae, artologam, cheese-cakes, or the like ; copttTs, <3'c' 489 venal' i. 94. Bwt fcrcula is also sometimes put for the dishes or the meat, Horat- Sat- ii- 6- 10 1- Martial, iii. 50. ix. 83- xi. 32. Auson. Epigr. 8. Juvtnal- xi. 64. So Mens^k ; thus Mensas, i. c. hiuces magnas instar mensarum, repositoriis imponere, Plin. xxxiii- 11. s- 49- Petron. 34. 47. 68. Some- times the dishes {patina vel catini) were brought in and set down separately, Z^ra/. Sat. ii. 8- 42. ii« 2- 39. A large platter {lanx vel scutella) containing various kinds of meat, was called Mazonomum, (a v£,tt», tribito^ t\. y.x^cc edulium quoddam e farina et lade J ; Avhich was handed about, that each of the guests might take what he chose, Id. viii. 86. Vitellius caused a dish of immense size to be made, Plin. XXXV. 12. s. 46. which he called the Shield of Miner - i;^, filled with an incredible variety of the rarest and nicest kinds of meat, Suet. Fit- 13. At a supper given that emperor by his brother upon his arrival in the city, (ccena adventitia), 2000 ofthe most choice fishes, and 7000 birds are said to have been served up. Vitellius used to breakfast, dine, and sup with different per- sons the same day, and it never cost any of them less thaii 400,000 sesterces, about 3229/. 3s- 4d. sterling, Ibid. Thus he is said to have spent in less than a year, JVovies millies H. S. i. e. 7,265,625/. Z)io-lxv. 3. Tacit- Hist. ii. 95- An uncommon dish was introduced to the sound of the flute, and the servants were crowned with flowers, Macrob„ Sat. ii. 12. In the time of supper, the guests were entertained with music and dancing, Petron. 35. 36. sometimes with pan= tomimes and play-actors, Plant. Stick" ii. 2. 56. Spartian- Adrian. 26- with fools (moriones), and buffoons, Plin. Ep^ ix. 17. and even with gladiators, CapitoUn. in Vero^ 4. But die more sober had onlj'^ persons to read or repeat select pas- sages from books, (anagi^ost^ vel a c r o a m a t a ), Cic^ Att. i. 12. Fam- v. 9. Nep, Att. xiii. 14. Suet. Aug. 78. Plin. Ep. i. 15. iii. 5. vi- 31- ix- 36. Gell- iii. 19. xiii. 11. xix. 7. Martial, iii. 50' Their highest pleasure at entertain- ments arose from agreeable conversatioUj Cic. Sen. 14. IIo- rat. Sat ii- 6. 70- To prevent the bad effects of repletion, some used after .ruppcr to take a voipit : thus Cjesar (a^cubnit, ^V.Tr.xrv age- 49d- ROMAN ANTIQUITIES^. baty i. e- post ccenam vomer evolebat^ ideoque larg'ms edebat)^ Cic. Att. xiii. 52. Dejoi. 7. also before supper and at other times, Suet' Fit. 13. Cic. Phil 41- Cels- i. 3. Vomurtt, ut cdant ; edunt, ut vomant^ Senec* ad Helv. 9. Even women after bathing before supper, used to drink wine, and throw it up again to sharpen their appetite, [Falerni sextarius alter ducitur ante cibutn^ rabidamfacturus orexim)^ Juvenal, viv 427. A sump'tuous entertainment {ccena lauta^ opima vel opi- /;ara), was called Augur ALis, Cic- Fam. vii. 26. Ponti- picALis vel PontiJicum^Yior' Od. ii- 14- 28» Saliaris, Id. \. 37. Cic. Att. v. 9- because used by these priests ; or Du Bi A, ubi tu dubites quid swnas potissimumy Tev. Phor. ii. 2. 28. Hor- Sat. ii. 2. 76- When a person proposed supping with any one without invitation, or, as we say, invited himself, {coenam ei con- dixitj vtXad cGsnam), Cic- Fam- i. Suet. Tib. 42. he was called HosPEs oblatus, Piin. Prcef. and the entertain- ment SUBITA GONDICTAqUE COENULA, Suet* Clttud. 21. An entertainment given to a person newly returned from abroad, was called Ccena Adventitia vel -?ona, Suet. Vit. 13- vel Viatica ; Plant. Bacch. i. 1. 61. by patrons to their clients, Ccena Recta, opposed to Sportula, Martial, viii. 50. by a person, when he entered on an office Ccena aditialis 494 KOMAN ANTIQUITIES. Fetus^ novum, recens, hornum, of the present year's growth ; trimum, three years old ; molle, lene, vetustate edentulum^ mellow; asperumyel austerum, harsh ; merum velmeracum, pure, unmixed ; meraciusj i. t.. fortius^ strong, Cic- Nat- Z)» iii. 31. The Romans set down tlie wine on the second table {aU teris mensisj, with the dessert, ^cum bellariis)^ and before they began drinking, poured out libations to the gods, Virg. Mn. I 730. viii. 278. 283. G. ii. 101. This by a decree of the senate was done also in honour of Augustus, after the battle of Aetium, Dio. li. 19. Horat. Od. iv- 5. 31. The. wine was brought in to the guests in earthen vases (AMPHORiE, vel Testa] with handles, fansaU), hence called DioT^, Horat. i. 9. 8. or in big-bellied jugs or bot- tles (AitfPULLiE) of glass, fvitreo"), leather, C<;oriacece)y or earth, C/^/ert*), Plin. Epist iv.30. Suet.Domit. 21. Martial, vi. 35. 3. xiv. 1 10. on each of which were affixed labels or small slips of parchment, (Tituli vel Pittacia, i. e. schedule e membrana excise, vel tahella), giving a short de- scription of the quality and age of the wine ; thus, Faler- NUM,OPIMIANUM ANNORUM CENTUM, PetrOTl. 34- ./l/Ve- nal. V. 34. Sometimes different kinds of wine and of fruit were set before the guests according to their different rank, 'Plin. Ep. ii. 6. Martial, iii- 82. iv. 86. vi- 11. 49. Suet. CrsiBi mater familias esse vellet? Sheanswered, That she was, se velle. In the same manner, the wo- man asked the man, and he made a similar answer, Boeth in Cic. Topic. 3. The effects of this rite were the same as of the former. The woman was to the husband in the place of a daughter ; and he to her as a father, Serv. in Firg. G. i. 51. She as- sumed his name, together with her own ; as, Antonia Dru- si^ Domitia Bibuii, &c. She resigned to him all her goods, Ter. Amir. i. 5. 61. Cic. Top. iv. and acknowledged him as her lord and master, (Dominus), Firg- jEti, iv. 103* 214. The goods which a woman brought to her husband besides her portion, were called PARAPHERNA, -arum, or bona paraphernalia. In the first days of the republic, dow- ries were very small ; that given by the senate to the daugh- ter of Scipio was only 11,000 asses of brass, L. 55 : 10: 5, sterling ; and one Megullia was sirnamed Dot at a, or the great fortune, because she had 50,000 asses^ i. e. L. 161 : 7: 6, sterling ; Fal. Max. iv. 4. 10. But afterwards upon the increase of wealth, the marriage-portions of women be- came greater, Decies centena., sc. sestertia., L. 8072 : 18 : 4, sterling ; Martial ii. 65. 5. xi. 24. 3. Juvenal- vi. 136. the usual portion of a lady of Senatorian rank, Juvenal, x. 355. Some had ducenties, L. 161,458, 6s. 8d. sterling ; Martial- v. 38. 34. Sometimes the wife reserved to her.self (rrcfpzV, Cic Orat. 502 ROMAN ANTIQUITIES. ii. 55. Topic* 26* vel excepity i* e« in usum suum rcservavit] a part of the dowry ; hence called Dos recepticia, DI- GEST, and a slave, who was not subject to the power of her husband, Servus recepticius, Gell. xvii^ 6» or dota» LIS, Plaut. Asin. i. \* 72. Some think that coemptio was used as an accessory rite to confarreatio, and retained when the primary rite was dropt ; from CiC' Place. 34. The rite of purchase in marriage was not peculiar to the Romans ; but prevailed also among other nations ; as the Hebrews, Gen- xxix. 18. 1 Sam. xviii. 25. the Thracians, Xcnoph' Artab. vii. Herodot' Terpsich. init. the Greeks, Eu' rip. Med. 232. the Germans, Tacit, de Mor. G 18- &c. the Cantabri in Spain, Strab- iii. 165. So in the days of Ho- mer, Odyss. viii. 317. to which Virgil alludes, G. i. 31- Some say, that a yoke ijugum), used anciently to be put on a man and woman about to be married ; whence they were called conjuges, Serv- in Fir g: JEn. iv. 16. But others think this expression merely metaphorical ; as, Horat. Od. ii. 5. Plant' Curc^ i- 1- 50. A matrimonial union betwixt slaves was called CONTU- BERNIUM; the slaves themselves Cowtubernales, (See. p- 50.) or when a free man lived with a woman not mar- ried, CoNCUBiNATus), Suct. Vcsp. 3. in which case, the woman was called Concubina, Cic- de Orat. i. 40. Pel- LACA, Suet. Fesp. 21. or Pellex, quiS propria fuit ejus., qui uxore7n haberet^ Festus, Plaut« Rud* v. 4. 3. Gell. iv. 3. thus, Pellex REGiN^, Suet. C(ffS' 49. Fili^e, Cic Clu- cnt. 70. Juvenal' ii. 57- Sororis, Ovid. Met. vi. 537- Episi^ 9. 132. Jovis, i. e« lo, ib- xiv. 95. et alibi passim. Married women were called MAXRONi^, or matresfami- IzaSy Gell. xviii* 6. opposed to meretrices, prostituthe put on iicr Iclt hand, on the finger next the least ; because it was believed, a nerve reached from thence to the heart, il/(/tTo^. vii. 15. Then also a day was fixed for the marriage, Ter- And. i, .1. 75. Certain days were reckoned unfortunate ; as the Ka- lends, Nones, and Ides, and the days which followed them, particularly the whole month of May, Mense malum ma- jo NUBERE VULGUS AIT, Ovid. FciSC. V. 490. Plutcirclh Q. Rnni' 85« and those days which were called Atri, marked in the kalendar with black ; also certain festivals, as that of the Saliu ParentaUa^ ^c- Macrob- Sat i- 15. But widows might marry on those days, ibid. PluU Q« Rom- 103. The most fortunate time was, the middle of the month of June, Ovid. Fast. vi. 221. Plutarch. Ibid. If after the espousals either of the parties wished to re- tract, fsponsalia dissolverejnjirmare, vel infringer e)^ which they expressed thus, Con D IT loisTE Tu A non UTOR,itwas called REPUDIUM. Hence, Repudiatus repetor, after being rejected, I am sought back, Ter. And. i. 5. 15. and when a man or woman, after signing the contract, sent no- tice that they wished to break off the match, they were said Repudium ei vel atnicis ejus mittere., remitterey vel renunci- are, Ter. Phorm. iv. 3- 72. v. 6. 35. Plant Aid. iv. 10. 69. But Repudiare also signifies, to divorce either a wife, Suet, des. 1. or a husband, Qiiijictil- vii. 8. 2. On the wedding-day, the bride was dressed in a long white robe bordered with a purple fringe, or embroidered rib.inds, isegmenta et longi habitus, Juvenal. ii- 124.)thought to be the same with tunica recta, Plin. viii. 48. bouni with a girdle, Lucan. ii. 3G2. made of wool, (ZONA v cingulum laneum), tied in a knot, called iwdus Herculeus^ which the husband untied Csolvebat), Ovid. Ep. ii- 116, Fcstus. Her face was covered (NUBEBATUR) with a red or flume- coloured \d\, Cluteum FLAMMEUM), vei -w^to denote her modesty, Lucan. ii. 361. Juvenal, ii. 124, vi. 224. et Schol. in loc. x- 354. Martial xii. 42. Plin. xxi. 8. herice Nub ere, sc. se viro, to marry a husband; dare^ \q\ collocore ft ham nuptum v-niitta. i. e. in mafrbnoniur^ 3 U • 506 UaMAN ANTIQUITIES. dare, to marry a daughter, or dispose of her in marriage' Her hair was divided into six locks with the point of a spear, Plut. in Romul. et Quadst- 86. vel 87. Ovid. Fast. ii. 560. and crowned with flowers, Catul- lix. 6- Her shoes were of the same colour with her veil, Qutei socci), Catull. lix. 10. Plaut. Cas. prol. 89. Cic. Cluent. 5- Divin. i. 16. Liv. xlii. 12. Suet. CI. 26» Tacit- Ann. xi. 27- Val. Max. ix. 1. No marriage was celebrated without consulting the aus- pices,///r. X. 336. Cic. div- i. 16. Cluent. 5- & 16. Plaut. CaS' prol. 86. Suet- Claud. 26. Tacit, Anri' xi. 27. Lucan* ii. 371. and offering sacrifices to the gods, especially to Ju= no, the goddess of marriage, Virg. jEn. iv. 59. Anciently a hog was sacrificed, Farro E. R. ii. 4. The gall of the victim was always taken out, and throv.n away, to signify the re- moval of all bitterness from marriage, Plutarch, pr^cep, eonjug. The man-iage-ceremony was performed at the house of the bride's father, or nearest relation. In the evening, the bride was conducted (DUCEBATUR vel deducebatur) to her husband's house. She was taken apparently by force iabripiebatur) from the arms of her mother or nearest rela- tion, in memory of the violence used to the Sabine women- Three boys, whose parents were alive, attended her ; two of them, supporting her by the arm, and the third bearing a flambeau of pine or thorn before, ( T^da pinea vel spinea)^ Festus ; Catull. hx. 15. Plin. xvi. 18. Propert. iv. 12. 46. There were five other torches carried before her, (called Faces Nuptiales, Cic. Cluent- 6. MARiTiS, Ovid. Ep. xi. 101. LEGiTiMiE, Lucan. ii. 3560 Plutarch, q. Rom. 2. Hence T^d a is put for marriage, Firg- jEn. iv. 18. Ovid, Met' iv. 60. Maid-servants followed with a distaff, a spindle and wool ; {colus cornpta, etfusus cum stamine'), intimating, that she was to labour at spinning, ns the Roman matrons did of old, Plin- viii. 48- s. 74. Ovid. Fast. ii. 741. Liv. i 51- and some of the most illustrious in latter times. Augustus is said to have seldom worn any thing but the manufacture of his wife, sister, daughter, and nieces, at least for his do mestic robe, Suet < Aug. 73. A boy named CAMILLUS, carried in a covered vase. I Rites • Paullo et Ciceron* Juvenal- vi' 147. Ccesar when he divorced Pompeia the niece of Syl- la, because Clodius had got admission to his house in the garb of a music-girl, at the celebration of the sacred rites of the Bona Dea^ Cic Sext. 34- declared that he did not believe any tiling that was said against her ; but that he could not live with a wife who had once been suspected, Dio, 37- 45" Suet- C^ts. 6- Cic Att' \- 12» If a wife was guilty of infidelity, she foi*feited her dowiy, Val- Max- viii. 2. 3. but if the divorce was made without any fault of hers, the dowry was restored to her. When the separation was voluntary on both sides, {cum bona gra=. TiA a se invicem discedebat) ^ she sometimes also retained the nuptial presents of her husband, Ovid- de Rem- Am- 669. In the later ages of the Republic, the same liberty of di- vorce was exercised by the women as by the men. Some think that right was granted to tliem by the law of the twelve tables, in imitation of the Athenians, Plutarch- in Alcibiade* This, however, seems not to have been the case : for it ap- pears, they did not enjoy it even in the time of Plautus,il/ 145. Mart' x. 42. xi- 105- /. 2- & 9. D. de divort. Hence Exigereforas, vel ejicere, to divorce, Cic' Phil, ii- 28. If the husband was absent, he sent his wife a bill of divorce inuncium rcmittebatj , Cic. Att- i. lOt on which similar words were inscribed. This was called matrimonii re nun- CIATIO. If the divorce was made without the fault of the wife, her whole portion was restored to her ; sometimes all at once, but usually by three different pay ments> Ck, Att. zd^A- 23 > 25. S12 ROMAN ANTIQUITIES. There was sometimes an action, (actio mal^e traC^ TATi Claris), to determine by whose fault the divorce was made, Cic. Top. 4. Qu'mctil, vii* 3. declam* viii. 18. 383» When the divorce was made by the wife, she st^ Cenotaphmm)^ at which they performed the usual solemnities, Virg. yEn. iii. 304. vi. 326. 505. Stat. Theh* xii- 162. and if they hap- pene<3 to see a dead body, they always tlirew some earth up-^ Funerals. 515 on it, lb' 365. Horat. Ocl i. 28. 23. & 36- and whoever ne- glected to do so, was obliged to expiate his crime, by sacrili- cing a hog to Ceres, Festusin l*RiEciDANEA agna: Hence no kind of death was so much dreaded as shipwreck, Or. Trist. i. 2. 51. Hence also, Rite condere mancsy to bury in due form, Pirn. Ep. vii. 27. Condere animam sepulchro^ Virg. /En- iii. 68. See Plant. Most, ii- 2. 66. Suet. Cal. 59. and to want the due rites was esteemed the greatest misfor- tune, Ovid Ep. X- 119. When persons were at the point of death, their nearest re- lation present endeavoured to catch their last breath with their mouth, {extremum spiritum ore exciperejy Gic- Ver» V. 45. Virg- /En. vi. 684- for they believed that the soul or living principle (ANIMA) then went out at the mouth : Hence the soul of an old person {anima senilis) was said in priniis labris esse, Senec. Ep. 30. or in ore primo teneri. Id. Here. fur. 1310. so animan agere, to be in the agony of death, Liv. xxvi. 14- Cic- Fam. viii- 13. Tusc. i. 9- Senec. Ep. 101. Animam dare, ejffiare, exhalare, exspirare, fff^n- d^re, ^c. to die. They now also pulled oft' their rings, Suet. Tib. 73- Plin. xxxi- 1. which seem to have been put on again, before they were placed on the funeral pile, Propert. iv- 7. 9- The nearest relation closed the eyes and mouth of the de- ceased, Virg. Mn. ix. 487. Ovid. Pier- i. 102. & 113; ii. 102- X- 120. Lucan. iii. 740- probably to make them appear less ghastly. Suet. A'Vr. 49. The eyes were afterwards opened on the funeral pile, Plin. xi. 37. s- S5. When the eyes were closed, they called ( inclamahant) upon the de- ceased by name several times at intervals, Ovid. Trist. iii. 3- 43. repeating ave or vale, Catull. xcviii. 10. Ovid. Met, X. 62. Fast. iv. 852. whence corpora nondum concla. /naffl, just expiring, Lucan. ii. 28- and those who had given up their friends for lost, or supposed them dead, were said eos conclamavisse^ Liv. iv. 40. so when a thing was quite desperate, C o n c l a m a t u m e s t , all is over, Ter. Eun. ii. 3. 56. The corpse was then laid on the ground, Ov. Trist. iii. 3, AO. Hence DEPOSITUS ; for in idtimo posihis, despe- rattc sahitiS: desperate, dving, past hopes ofrecoven.^ /d-. r.r ' ■ 3 X. ■" 514 KOMAN ANTIQUITIES, Pont- ii- 2. 47. TrisU iii- 3. 40. Virg. Mn- xii. 395- Ck. Vtrr- '\. 2. or from the aiident Gustom of placing sick per^ sons at the gate, to see if any that passed had ever been ill of the same disease, and what bad cured thern, Serv- in Virg, Mn. xii. 395. Strab. \\vp. 155. xvi. 746- Herodot i. 197, Hence Deponere aliquem vino, to intoxicate, Plant. Au!. iii. 6. 39. PoizV? ar/tt*, dead, Ovid. Htr. x. 122. so compost- f.us vino sojnnoqite, overpowered, Ovid- Amor- i. 4. 51. ii. 5. 22. The corpse was next bathed with warm water, and a- noin ted with perfumes, Virg' Mm. vi. 219. Ovid, ib- Plin, Epist. V. 16. by sbves called POLLINCTORES, {quasi pellis unctores), Plaut. Asin. v. 2. 60. Poen. prol. 63. be- longing to those who took care of funerals, (LIBITINA- mi), Senec de benef- vi- 38- and had the charge of the tem- ple of Venus Libitinay where the things requisite for fune. rals ('nccessaria funeribus) were sold, Plutarch. Rom: qucest. R 23- Liv. xii. 21. Hence Fitare JLibitinam, not to die, Horat, Od. iii. 30. 6. Mirari nihil^ nisi quod Libiti- •na sacravit, to admire nobody till after his death, Id. Ep. ii. 1, 49. Libitinam evadere^ to escape death, Juvenal, xii. 122. Ubitina is also put for the funeral couch, MartiaL viii. 43 4- Acron- in Hor. Od. in. 30. 6, In this temple was kept an account (ratio vel ephemeris) of those who died, Suet. JYer. 39, for each of whom a cer- tain coin was paid, Dionys. iv- 15. hence Autumhusque gra- vis^ Libitin/^ qiccestus acerb^e, because autumn being un- healthful, usually occasioned great mortality, Horat. Sat- ii. 6. 19. So Phadr- iv. 19. 25. The money paid for the liberty of burial and other ex- pences was called ARBITRIUM, oftener plur. -a, Cic. post. red. in Sen, 7. Dom. 37 Pis. 9. so arbitrium vendendi sails y the monopoly of salt, Liv. ii- 9. The body was then dressed in the best robe which the de- ceased had worn when alive, Firg. JEn. ix. 488 ; ordinary citizens in a white toga^ Juv. iii- 172. ; magistrates in tlieir pra^texta, &.c. and laid {componebatur vel collocabaturj on a couch in the vestibule (locus vacuus ante januam domus, per quern a via ad cedes itur, Gell. xvi- 5.) with the feet out- w;i?ds, as if about to take its last departure, Ov, Met. i>'- Funerals. 515 502. Tacit. Agric- 45. Stfnec. Ep. 12. hrev. vit. 20. Suet, ^'iug. 101. /*tr.v« ill. 104. ]A ii. 14. 23- Plin. xvi. 33. to prevent the Fontifex Maximus from entering, and thereby being polluted, Serv. ad Firg, jEn. iii. 64. iv. 507. for it was un- lawful for him not only to touch n dead body, Dio^ Ivi. 31. but even to look at it, Senec. Marc. 15. Id- liv- 28- This tree was sacred to Pluto, because when once cut, it never grows again, called atra,ffralis,funerea^ vmlfunehns, from its being used at funerals, Ibid. The Romans atfirst usually interred Ummahant^ theirdead, which is the most ancient and most natural method, Cie. de legg. ii. 22 Plin. vii. 54. Genes, iii. 19- They early adopted the custom of burning (cremandi, vel co?nbiirendiJ from the Greeks, Plutarch- in JVuma^ which is mentioned in the laws of Numa, and of the twelve tables, Cic. ibid, but it did not become general, till towards the end of the republic. Sylla was the first of the Patrician branch of the Gens Cor- *ielm that was burnt ; which he i . supposed to have order- ed, lest any one should dig up his body, and dissipate his re- mains, as he did those cf Marius, Cic. Plin. ibid. Pliny as- cribes the first institution of burning among the Romans, to ihcir having discovered that the bodies of those who fell in. 516 ROMAN ANTIQUITIES^ distant wars were dug up by the enemy, Ibid. The wise men among the Indians, called GyMNosopHisXiE, com- monly burnt themselves alive, Plin. vi. 19. s. 22. as Cala- nus, in presence of Alexander, Cic. Titsc- ii. 21. ; Zar- marus, at Athens, while Augustus was there, Z)?o, liv. 9. Under the emperors, it became almost universal, Tacit. Ann- xvi. 9. but was afterwards gradually dropt upon the in- troduction of Christianity, so that it had fallen into disuse about the end of the fourth century, Macrob. vii. 7. Children before they got teeth were not burnt, Plin. vii. 15. s. 16. Juvenal, xv. 140. but buried in a place called SUGGRUNDARIUM, Fulgent- de prise- serm. 7. So likewise persons struck with lightning, {fulguriti)y Plin- ii, 55. Senec- de Ir. iii. 23. Qu. Nat. ii. 21- were buried in the spot where they fell, called BIDENTAL, because it was consecrated by sacrificing sheep, ibidentesj, Pers. ii. 27. Luc. i. 606. viii. 864. Fest- Gell. xvi- 6. It was enclosed with a wall, and no one was allowed to tread upon it, Ibid. To remove its bounds, (movere bidental), was esteemed sa- crilege, Horat. art. p- All. The expressions, SEPELIRE, Sepultura, and Sepul- chrum, are applied to every manner of disposing (condendi) of a dead body, Plin. 17. 54- Cic. Tusc. i. 45- So also HU- MARE, &c. Cic. legg. ii. 22. Ncp. Eumen- 13. JUST A, exsequi(e^\^\f units, iu\'\tr2X obsequies or solemnities: Hence "iv ZT A funebrias justafunerum vel exequiarum^ etjustafu^ nera alicui facere, solvere, vel persolvere, Cic. Flac- 38. Legg. ii. 17- Liv. i. 20- Sallust. Jug. 11- Cjes-B. G. vi. 17. Redder e justafuncri ; Plin. x- 2. But EXSEQUI^ proper- ly denotes the funeral procession, {afficium exsequiarum, v. pompa funebris)' Hence Ex s e q^ui a s ducere, deducere, co, mitari.frequentare^ prosequi, &c. to attend the funeral, 7Qf- neri inter esse. Tacit. Ann. ii. 32. xvi. 6. 7- 21- Suet. Tib. 32. Ter. And. i. 100. Of funerals there were chiefly two kinds, public and pri- vate. The public funeral was called INDICTIVUM, {ad quod per pneconem homines evocabantur), because people were invited to it by a herald, Cic. Dom. 18. (Seep. 190). Of this kind the most remarkable were Funus CENSORIUM, Funerals. 517 Tacit. Ann. iv- 15. xiii. 2. Dio, liii. 50. Jiv. 28- Including funus consu/are, prcetormm tnumphale. Sec. PUBLICUM, when a person was buried at the public expencc, Tacit Ann. iii. 48. vi. 11. Suet. Fit. 3. and Cullativum, by a public contribution, Liv. ii. 33- Fal. Max. iv, 4. Plutiirch. in Pop- lie. (See p. 155). Augustus was very liberal in granring public funerals, hH^l, These couches were sometimes open, and sometimes co- vered, ibid. The general name of a bier was FERETRUM, Firg, Mn. vi. 222. xi. 64. 149- Stat. Thtb. vi. 55- Ovid- Met. xiv. 747'Or CAPULUS, vel. -umiquodcorpus Ci\pht)y Serv. in Firg. xi« 64. Festus : Hence capularis, old, at death's door, Plaut. mil. iii. 1. 34. Capuli decus^ Asin. v. 2. 42. Some mdk^feretrum to be the same with lectus ; others that on v/hich the couch was supported, Farro- de L. L* iv. 35. Children who died before they were weaned, were carried to the pile by their mothers, Stat- Sylv. v. 5. 15. Ovid. Hen XV. 115. All funerals used anciently to be solemnized in the night time with torches, that they might not fall in the way of magistrates and priests, who were supposed to be violated by seeing a corpse, so that they could not perform sacred rites, till they were purified by an expiatory sacrifice, Serv. in Firg. xi. 143. Donat. Ter- And. i. 1. 81. Thus, to dimi- nish the expence of funerals, it was ordained by Demetrius Phalereus at Athens, Czc. de legg- ih 26- according to ay: FuNERALb. 519 ancient law, wliich seems to have fallen into desuetude, Demoath. adv- Macartatum,\i. 666- Hence FUNUS, a fu- m-ral, {vovcv Junes accnui^liiii^. xi. 2. xx. 10. or funalla^ . funales cerei, ctrect faces., vel cancIeLe, torches, candles, or tapers, originally made of small ropes or cords ; yfunes^ vcl funieuh) covered with wax or tallow, (sevum vel sebum) j Serv. ibid, et ."En- i. 727. Val Max. iii- 6. 4. Varr- de vit. J) op. R. But in after ages, public funerals (funera indictiva) were celebrated in the day time, at tin e-.irly hour in the forenoon, as it is thought from Plutarch, in Si/ll- with torches also, Serv. in Hrg. ^Tln. vi. 224. Tacit. Ann- iii. 4. Private or ordinary funerals itacita) were always at night, Fest. in Vespillonec- As torches were used both at funerals and marriages, Ovid- Ep. xxi. 172. hence inter utramque facem^ for inter., nufJtiasetfunus^ Porpert. iv.l2- AQi- Et face pro thalavii, fax mihi mortis cdest, Ovid- Ep. xxi. 172- The order of the funeral procession was regulated, and everj' one's place assigned liim, by a person called DESIG- NATOR, an undertaker or master of ceremonies, {dominus funeris), attended by Lictors, dressed in black, Horat' Ep. i. 7. 6. Cic. Att. iv. 2. legg- ii- 24. First went musicians of various kinds ; pipers, (Tibici- NEs, Ovid Fast- vi. 660- vel Siti cine s, Ge-//. xx. 2.) trumpeters, Pers. \i\- 103. Serv. in Firg' xi. 192. and cor netters, Horat' Sat. i. 6- 43. then mourning women, (PR/E- Y\di\^ qwe dabant c5. The places for burial were either private or public ; the private in fields or gardens, usually near the high way, to be conspicuous, and to remind those who passed of morta- lity, Varr- de L. L. v. 6. Hence the frequent inscripdons., SiSTE, VIATOR ; ASPicE, VIATOR, &c. on thc via^ppia^ Aurelia, Flaminia, Tiburtina^ ^c. Liv. vi. 36. Suet. Cal. 59. Galb. 20. Juven- i. ult. Martial- i. 89. 115 117. vi. 28. X, 43. xi- 14- Propert. iii. 16. 30. Ncp- Att. ult. Plin. Ep. vii. 29. The public places of burial for great men were commonly in the Campus Martius, Strah. v. Suet. Cas- 34. CI I. Firg.^ri. vi. 873 Dio. 39. 64. 48. 53. or Cam- pus EsQUiLiNus, granted by a decree of the senate, Cic, Phil. ix. 7. for poor people, without the Esquiline gate, in places called Puticul.(E, vel -i, (quod in -pwteo?, corpora miftebanturJ, Varro dc L. L. iv. 5. Festus, Horat- Sat. 1. S- 8. As the vast number of bones deposited in that common burying- ground rendered the places adjoining unhealthy, Augustus, with the consent of the senate and people, gave part of it t his favourite Maecenas, who built there a mag- nificent house, fmolem propinquam nubibus arduis, Hofc Od. iii. 29. 10. called Turris M^ecenatiana, Suet. jYer, 38.) with extensive gardens, whence it became one of the most healthy situations in Rome, Suet. Aug. 72, Tib. 15o Ner. 31. There was in the corner of the burjdng-ground, a stone- pillar, CIPPUS, on which was marked its extent toward^ the road, (in fronte), and backwards to the fields, (in (f^ ^ro, vel -timJ, Horat' ibid- also who were buried in it. 524 ROMAN ANTIQUITIES, If a burying- ground was intended for a person and liis heirs, it was called SEPULCHRUM, vel MONUMEN- TUM HEREDITARIUM, which was marked in letters, thus, H. M- H. S. i- e. Hoc monumentum HiEREDEs se- (^uitur; or GENTILE and gentilitium, Suet. JVer, 50. Patrium, Fjrg-. Mn. x. 557. Avitum, Ovid, Trist. iv. 3. 45. J^5. Att. vii. 9, Pis. 4. 7- Legg. ii. 26. A place where one was only burnt, USTRINA, vel .-urn, Festus. The funeral pile (ROGUS, 7;e/PYRA) was buih in the form of an altar, with four equal sides, Herodian. iv. 2. hence called ara sepulchri, Virg. vi. 177. Sil. xv. 388. puNERis ara, Ovid. Trist. iii- \3-2\.in Ibin. 102- of wood which might easily catch fire, as fir, pine, cleft oak, ^c. Virg. iEn. iv. 504. vi. 180- Stat. Theb. vi. 54. unpolished, ac- cording to the law of the twelve tables, ROGUM ASCIA NE POLITO, Cic. legg. ii. 24. but not always so, Plin- xxxv. 7. also stuffed with paper and pitch, Martial viii. 44. 14. x. ^7. niade higher or lower according to the rank of the de- Funerals. 525 ceased, Lucan. viii. 743. Virg. Ibid- Sec. xi. 215. (hence ROGUs PLEBEius, OvifU iti lOtTi. 152.) with cypress trees set around to prevent the noisome smell, Ibid, and Serv. in loc. SiL X. 535. at the distance of sixty feet Irom any house, CiC' legg' ii, 24. The basilica Porcia and senate-house adjoining, contigu- ous to the Forum, were burnt by the flames of the funeral pile of Clodius, Ascon- in Cic. pro Milone, Dio, xl. 49. On the funeral pile >vas placed the corpse with the couch, Tilmll. \- 1. 01- Tilie eyes of the deceased were opened, Plin- ii. 37. to which Virgil is thought to allude, Mn. iv. 214. The nearest relations kissed the body with tears, Prop. ii. 13. 29. TibtdU i. 1. 62. and then set fire to the pile with a lighted torch, turning away their faces, iaversi,) to shew that diey did it with reluctance, Firg. Mn- vi. 223. They prayed for a wind to assist the flames, Propert. iv. 7. 31. as the Greeks did, Homer, xxiii. 193. and when that happen- ed, it was thought fortunate, Plutarch, in SyU. They threw into the fire various perfumes, (odores), in- cense, myrrh, cassia, &c. Piin. xii* 18* s. 41. Juven^ iv- 109. Stat. Sylv' V. 1. 208. Martial, x- 26. which Cicero calls SuMPTUosA RESPERsio ; forbidden by the twelve tables, Legg. ii. 24. also cups of oil and dishes, (dopes v.fercula), with titles marking what they contained, Firg- jEn. vi- 223. Stat. Theb' v'l- 126. likewise the clothes and ornaments not only of the deceased, Firg- JEn. vi. 221. I^ucan. ix- 175. but their own, Tacit. Ann* iii. 3. 2. Suet. Jul. 84- every thing that was supposed to be agreeable to the deceased while alive, Donat. in Firg. jEn, vi. 217. C^s. B G. vi. 17- All these were called MUNERA, velDOlSiA, ibid. If the deceased had been a soldier, they threw on the pile his arms, rewards, and spoils, Firg. JEn. xi- 192. Sit. x. .562. and if a general, the soldiers sometimes threw in their own arms, Suet. Jul. 84. Lucan. viii. 735- At the funeral of an illustrious commander or Emperor, the soldiers made a circuit (DECURREBANT) three times round the pile, Firg. Mn> xi. 188. Tacit. Ann. ii. 7. from right to left, (orbe sinistra), with their ensigns invert- ed, Stat. Theb. vi. 213. and striking their weapons on one another to the soun«w. Cinerari- um, &c.) Fropert. ii. 24. 35. Ovid. Fast. v. 426. Met- ivo 157. Hence componere to bury, Horat Sat. i- 9. 28. Tacit. Hist. i. 47. to shut up, to end, Firg- Mn. i- 378. composito die, i. t.Jihito, Plin. Ep. ii. 17. When the body was not burnt, it was put into a coffin, (area, vel loculusJ., with all its ornaments, Pliri' vii- 2. usu- ally made of stone, as that of Numa, Plin. xiii- 13. FaL Max. i' I- 12. so of Hannibal, Aur. Fict. iii. 42. sometimes of Assian stone, from Assos, or -us, a town in Troas or Mysia, which consumed the body in forty days, except the teeth, Plin. ii. 98. xxxvi. 17- hence called SARCOPHA . GUS, II). which word is also put for any coffin or tomb, Ju- venal, x. 172. The coffin was laid in the tomb on its back ; in what di- rection among the Romans, is uncertain ; but among the Athenians, looking to the west, jElian" v. &; vii. Plutarch^ in Solon. Those who died in prison, were thrown out naked on the «treet. f^iv. xxxvin, ^9. B28 ROMAN ANTIQUITIES. When the remains of the deceased were laid in the tomb, those present were three times sprinkled by a priest with pure water, faqua pura^ vel lustralisJ ^ from a branch of ohve or laurel, fasperg'illum)^ to purify them, Serv^ in Firg' j^n. vi- 239. Fast, in Laurus, Juvenal. ii« 158. then they were dismissed by the Pr.^fica, or some other person, pronouncing the solemn word I LICET, i. e. ire licet, you may depart, Serv. ib- At their departure, they used to take a last farewell, by repeating several times, VALE, or SAL- VE 'Sternum, Id. xi. 97. ii. 640. adding, Nos te ordi.ye, (^UO NATURA PERMISERIT, CUNCTI SEqUEMUR, SerV. .^n. iii- 68* which were called Verba novissima; also to wish that the earth might lie light on the person buried, Juvenal, vii. 207. which is found marked on several ancient monuments in these letters, S. T. T. L. Sit tibi Terra LEY iSf Martial, i. 89. v- 35- ix. 30. and the grave-stone (CIPPUS), Pers. i. 37. that his bones might rest quietly, or lie softly, ("inolliter cubarent) Ovid. Am. i- 8. 108. Ep. vii. 162. Trist. iii. 3. 75. Firg. Eel. x. 33- Placide qyi- ESC AS, Tacit. Agric. 46* Hence Compositus, buried^ Ovid. Fast. V. 426. and positus, lb, 480. So placida compostus pace quiescit, is said of Antenor, while yet alive, Id- jEn, 1. 149. We find in Ovid the contrary of this wish, Sullicitl Jaceant, terraque premantur iniqua. Amor, ii- 16. 15- as if the dead felt these things. Sometimes the bones were not deposited in the earth till three days after the body was burnt, Firg- jEn. xi. 210- The friends, when they returned home, as a further puri- fication, after being sprinkled with water, stepped over a fire, {ignem supergrediebantur^ which was called SUFFI- TIO, Festus. I'he house itself also was purified, and swept with a certain kind of broom or besom, Cscopt^j -a- ru7nj, which purgation was called Exverrve, v- Everra ; and he who performed it, E VERRIATOR, id. There were certain ceremonies for the purification of the family, called Feri^ Denicales, (a nece appellatce^J Cic. legg. ii. 22. Festus ; when they buried a thumb, or some part cut off from the body before it was burnt, or a bone brought home from the funeral pile ; Cic. ib. 24. Quinctil. viii. 5. 21. Senec. bene/ xv. 24. on which occasior a soldier might be absent from duty, Gell' xvi. 4- Funerals." 529 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 fomily was in mourning, and employed about certain solemnities at the tomb, it was unlawful to summon the heir, or any near relation of the deceased, to a court of justice, or in any other manner to molest them, Kuvell. 115. On the ninth day, a sacrifice was performed, called NOVENDIALE, Porphy- ria ad Horat- epod- xvii. 48. with which these solemnities were concluded, Donat. in Ter. Fhorm. Oblations or sacrifices to the dead, (INFERI/E, velViK- RENT ALIA), were afterwards made at various times, both occasionally and at stated periods, consisting of liquors, victims and garlands, Virg. jEn. iii. 66. v. 77. 94. ix. 215, X. 519. Tacit' Hist. ii. 95. Suet- Cal. 3- 15. CI. Ih Ner. 11, called Feralia jmunera, Ovid. Trist- iii. 3- 81. Thus ALICUI INFERIAS FERRE, i;e/. MITTERE, Ct PARENTA- RE, to perform these oblations, Cir. legg. ii. 21. Phil. i. C- Flacc. 38. Parentare regi sanguine conjuratoruniy to ap- pease, to revenge, "Z//y. xxiv- 21- so Cces'B' G. vii. 17. Sa- guntinorum manibus vastatione Itali reckoned a fiction, Kippingi Antiq, iv. 6- 14. A feast \\as generally added, called SILICERNIUM, {c(£na funebris, quasi in silice posita, Serv. in Virg. jEn. v. 92. vel quod silentcs-, sc. umbras, earn cernebant., vel paren- tantes, qui non degustabant, Donat. in Ter. Adelph. iv. 2. \%} both for the dead and the living. Certain thintrs were 3 Z 530 ROMAN ANTIQUITIES. laid on the tomb, commonly beans, Plin. 18. 12- s- SO- let- tuces, bread, and eggs, or the like, which it was supposed the ghasts would come and eat ; hence Coena fer aus, Juve- nal. V. 85. What remained, was burnt ; for it was thought mean to take away any thing thus consecrated, or what was thrown into the funeral pile. Hence Rapere de rogo ccenam, Catull. 57. 3. Tibull. i. 5- 53» EJlamma cibum petere^ Ter. Eun. iii' 2. 38. Bustirapus is applied as a name of contempt to a sordid person, Plant. Pseud, i, 3. 127' and Si lice r- NiuM, to an old man, /Vr. ibid. After the funeral of great men, there was not only a feast for the Iriends of the deceased, but also a distribution of raw meat among the people, called VISCERATIO, Liv. viii, 22. See p, 349. with shews of gladiators and games, which sometimes continued for several days, lAv. xxxvi. 46* some- times celebrated also on the anniversary of the funeral, Firg' JEn. v« Faustus the son of Sylla exhibited a shew of gladia- tors in honour of his father, several years after his death, and gave a feast to the people, according to his father's testament, Cic. Syll. 19. Dio, xxxvi. 51. The time of mourning for departed friends was appointed by Numa, Plutarch, in Aum, as well as funeral rites, Cjus- ta/unebria), and offerings to appease the manes, {infer i^ ad placandos Manes), Liv* i' 20« There was no limited time for men to mourn, because none was thought honourable. Senec. Epist' 63- as among the Germans, Tacit. 27. It usu- ally did not exceed a few days, Dio. Ivi. 43. Women mourn- ed for a husband or parent ten months, or a year, according to the computation of Romulus, see p' 352. but not longer, Senec. ib. ^ Consol. ad Hclv. 16. Ovid. Fast. iii. 134. In a public mourning for any signal calamity, the death of a prince or the like, there was a total -cessation from busi- ness, (JUSTITIUM), either spontaneously, or by public ap pointment, Liv. ix. 7- Tacit. Ann. ii. 82. Lucan- ii. 17. Capitolin. in Antonin, Phil. 7' when the courts of justice did not sit, the shops were shut, ^c. Tacit. Ann. iii. 3. 4. iv. 8o Suet- Cal. 24- In excessive grief the temples of the gods were struck with stones, Uapidata, i, e. lapidibus impetita), and their altars overturned, Suet, Cal- 5. Senec- vit* beat. 36- Arrian Spictet. ii. 22. FUNJ'RAL:.. 531 Both public and private nifnirninff was laid aside on ac- count of the pubUc games, Tacit. Ann- iii. 6. Suet- Cal. 6. for certain sacred rites, as those of Ceres, &c. and for seve- ral other causes enumerated by Festus, in voce minuitur. After the battle of Cannse, by a decree of the senate, the mourning of the matnms was limited to thirty days, Liv. xxii. 56Fal' Mux. i. I 15. Immoderate grief was supposed to be offensive to the ^/t2wc*,Tibull.i. 1. 67. Stat Sylv. v. 1. 179. The Romans in mourning kept themselves at home, Tacit- Inn, iii. 3. iv. 8. Plin. Ep. ix. 13. avoiding every entertain- ment and amusement, Cic. Att- xii. 13. &c- Senec decl. iv. 1. Suet. CaL 24. 45. neither cuttinp: their hair nor beard. See p. 467- drest in black, (LUGUBRIA sumebant), Ju- venal. X. 245. which custom is supposed to have been bor- rowed from the i^gvptians, Serv. in Firg' jEn. xi. some- times in skins, Festus in pel lis ; laying aside every kind of ornament, Liv. ix. 7. Suet. Aug. 101. not even lighting afire, Scholiast, in Juvenal- in. 214- ApuL Met. ii. which was esteemed an ornament to the house. Homer. Ii 13. Hence Focus perenms, i. e. sine lucfu. Martial, x. 47. 4. pervigiU Stat- Sylv. iv. 5- \% The women laid aside their gold and purple, Liv. xxxiv. 7- Ter* Heaut' ii. 3. 45. Under the republic, they drest in bJcick like the men ; but under the Emperors, when party- coloured clothes came in fashion, thej'' wore white in mourning, Ptutarch- probl, 27. Herodian. iv. 2. 6- In a public mourning, the senators laid aside their btus clavus and rings ; Liv. ix. 7. the magistrates, the badges of their office, Cic. post. red. in Sen. 5. Tacit. .4nn. iii. 4. Lu- can- ii. 18. and the consuls did not sit on their usual seats in the senate, which were elevated above the rest ; but on a common bench, {sede vulgari), Tacit Ann. iv. 8. Dio, Ivi.. 31. Dio says that the senators in great mourning appear- ed in the dress of the Equites., xl. 46, The Romans commonly built tombs {sepulchre v» condito- ria) for themselves during their lifetime, Senec. brev, vit- 20, thus the MAUSOLEUM (ft^vo-oAwov) of Augustus in the Campus Martius Jjctween the via Flaminia and the bank of the Tiber, with woods and v/alks around, Sjiet. Au^. 101,. 532 ROMAN ANTIQUITIES. Strab. V. p- 236. Hence these words frequently occur in ancient inscriptions, V. F. Vivus Fecit ; V. F. C. Vi- VUS FACIENDUM CURAVIT ; V. S. P. ViVUS SIBI PC- GUI T ; also Se VIVO FECIT. If they did not live to finish them, it was done by their heirs, SucU Aug. 101. who were often ordered by the testament to build a tomb, Hor. Sat, ii. 3. 84. & 5. 105. Plin. Ep. vi. 10. and sometimes did it at their own expence, (de s\JOvel de sua pecunia). Pliny complains bitterly of the neglect of friends in this re- spect, Ibid, The Romans erected tombs either for themselves alone, with their wives, (SEPULCHRA priva, t;£>/SiNGULA- ria), or for themselves, their family, and posterity, (com- munia), Cic. Off. I. 17. FAMiLiARiA et hereditaria. Martial, i. 117. Cod. 13. likewise for their friends, who were buried elsewhere, or whose bodies could not be found, (CENOTAPHION, ve/ Tumulus honorarius, Suet' CL 1. vel iNANis, Virg. JEn- iii. 304. Borat. Od. ii- 20,21.) Tacit. Ann- i- 62. When a person falsely reported to have been dead returned home, he did not enter his house by the door, but was let down from the roof {quasi c^litus missus), Plutarch, q. Rom. 5. The tombs of the rich were commonly built of marble, Cic. Fam- iv. 12. Tibull. iii. 2. 22. the ground inclosed with a wall, {maceria)^ Suet. Ner. 33- 50. or an iron rail, ijerrea sepe), Strab- v. p. 236. and planted round with trees, Martial- i. 89. 3. as among the Greeks, Pausan. ii. 15. When several diiferent persons had a right to the same burying-ground, it was sometimes divided into parts, and each part assigned to its proper owner. But common sepulchres were usually built below ground, and called HYPOG^A, Petron- 71- many of which still exist in diiferent parts of Italy, under the name o[ catacombs- There were niches cut out in the walls, in which the urns were placed ; these, from their resemblance to the niches in a pigeon-house, were called Columbaria' Sepulchres were adorned with various figures in sculp- ture, which are still to be seen, Cic. Tusc. Q. v. 23. Ftrgc M>n. vi- 233- with statues, Liv. xxxviii. 56. columns, &c. But what deserves particular attention? is the inscription Funerals. 5'33 or epitaph, (TITULUS, i-iy?x(Pn, EpixArnruM, w/Elo- gium), expressed sometimes in prose, and sometimes in verse, Ovid. Her. xiv. 128. Martial' x. 71. Cic'. Tusc. i. 14. Jrch- 11. Senect- xvii- 20. Fin- ii- 35- Pis- 29. Virgl Eel. V. 43. SueU CI. 12. Plin- ep- ix- 20- Sil. xv. 44. usu- ally beginning with these letters, D. M- S. Dis Manibus Sacrum, Prudffnt. Symmach. i. 402. Gell. x. 18. vel Me- MORiit, Suet. Fit. 10. then the name of the person followed, his character, and the principal circumstances of his life* Often these words are used, Hic situs est vel jacet, Ovid- Met. ii. 378. Fast. iii. 373. Tibull. I 3- 55. iii, 2- 29. Martial, vi. 52. /^ir.?-. vii- 3. Plin. ep. vi. 10. Senec. ep. 78. If he had lived happily in marriage, thus, Sine (querela, SINE juRGio, vel offensa, vt\ discordia, Plin. ep. viii* 5. When the body was simply interred without a tomb, an inscription was sometimes put on the stone coffin, as on that of Numa, Liv- xl. 29. There was an action for violating the tombs of the dead, (Sepulchri violati actio), Cic. Tusc. i. 12- Senec, Contr, iv- 4* The punishment was a fine, the loss of a hand, {maniis amputatio) ; working in the mines, (damnatio ad metallum,) banishment or death. A tomb was violated by demolition, by converting it to improper purposes, or by burying in it those who were not entitled, (alienos inferendo)^ Cic. legg. ii* 26. D. de sep. viol. 47- 12. Tombs often served as lurking places for the persecuted Christians, Chrysost. Horn. 40- and others. Mar- tial. \. 35. iii. 92. 15. The body was violated by handling, /. 4. C. de sep. viol. ix. 19. or mutilating it, which was sometimes done for ma- gical purposes, Quinctil. decl. 15- Aptd. Met. ii. Tacit- .4nn, ii. 69. by stripping it of any thing valuable, as gold^ armsj &.C. Id. 69. Phadr. i. 27. 3. or by transporting it to another place, without leave obtained from the Pontifex MaximuSy from the Emperor, or the magistrate of the place, Dig. &f Cod. Plin. Ep. X. 73. & 74. Some consecrated temples to the memory of their friends, as Cicero proposed to his daughter Tullia ; which design he frequently mentions in his letters to Atticus, xii. 18. 19. 35. 36- 41. 43, &c- Lactam, i. 15. This was a very an- 534 ROMAN ANTIQUITIES. cient custom, Plin. 27- and probably the origin of idolatry, fVisd' xiv. 15- The highest honours vvere decreed to illustrious persons after death, Minuc' Fdix' in Octav- The Romans worship- ped their founder Romulus, as a god, under the name of Q 'irinus, Liv- i- 16 Hence afterwards the solemn CON- SECRATION (.uvoB-tuTii) of the Emperors, by a decree of the senate, Herodian- iv- 2- who were thus said to be ranked in the number of the gods, {in deorum numerum, inter vel in deos referri^ Suet» Caes- 88- caelo dicari, Plin- Pan. 11- &c-) also some Empresses, Suet- CI. 11- Tacit- Ann. v- 2- xvi. 21- Temples and priests were assigned to them, see p. 334. They were invoked with prayers, Virg. G. i- 42. Men swore by their name or genius, and oifered victims on their altars, Horat. epi ii. 1. 16. The real body was burnt, and the remains buried in the usual manner. But a waxen image of the deceased was made to the life ; which, after a variety of ridiculous cere- monies paid to It for seven days in the palace, was carried on a couch in solemn procession on the shoulders of young men of equestrian and patrician rank, first to the Forum^ where the dirge was sung by a choir of boys and girls of the most noble descent ; then to the Campus Martiusy where it was burnt, with a vast quantity of the richest odours and perfumes, on a lofty and magnificent pile ; from the top of ■which, an eagle let loose was supposed to convey the prince's soul to heaven, Herodtan. iv* 3. ROMAN WEIGHTS AND COINS. THE principal Roman weight was AS or libra^ a pound i which was divided into twelve parts, or ounces, (UN- CliE) : thus, uncia, an ounce, or iV of an as ; sextans^ 2 ounces, or j%, gnadransj 3, A, or ^ ; triens, 4, it, or i ; quincunx^ 5, or iS ; semis, 6, or ^ ; septunx, 7, or t\ ; bes^, or bessis^ 8, A, or f ; dodrans, 9, i^, or I ; dextansj or de- cunXy 10, TT. or | ; deunXj 11 ounces, or i-i of an as* The UNCIA was also divided thus, semiincia, 7, the half of an ounce, or ^^4 of an as ; duella^ ir, sicilicusj vel -um, i ; sex tula, i; drachma, 1; hemiseschy i. e« semisextula, rV ; tremissis, scrupulus, scriptulum vel scripuUinii j^ of an ounce, or ttt of an aS) Varr» L. L* iv. 36. Weights and Coins. 535 i\S was applied to any thing divided into twelve parts ; as, an inheritance, sec f). 66. an acre, LiiK viii- 11- liquid measure, see p- 495. or the interest of money, he. Hence proI)abiy our word ace, or unit* • The Roman pound was equal to 10 ounces, 18 penny- weights, \?-r grains of English Troij weight, or nearly 12 ounces AvoirdiipojS' The Greek \\eights mentioned by Roman autliors, arc chi( fly the talent, divided into 60 mina, and the mina into 100 drachniiE' The mina was nearly equal to the Roman libra. English TROY weight, by which silver and gold are weighed, is as follows ; 24 grains, 1 penny, weight ; 20 dwt.l ounce; 12 oz.l pound, ^nt Apothecaries, m com.- pounding medicines, make 20 grains 1 scruple ; 3 s« 1 draclim ; 8. dr. 1 ounce ; 12 oz. 1 pound. Avoirdupois weight, by which larger and coarser commodities are weighed, 16 drachms, one ounce ; 16 oz* 1 pound. The Romans, like other ancient nations, Strab. iii. 155- at first had no coined money, (pecunia signatd), but either ex- changed commodities with one another, or used -a certain weight of uncoined brass, (/es eude), or other metal: Hence the various names of money also denote weight ; so pendere for solvere, to pay '-, stipendiiim, (a stipe pendendaj^ soldiers' pay, Festiis ; because at first it was weighed, and not counted. Thus, talentum and mina among the Greeks, shekel among the Hebrews, and pound among us. Several Greek words are supposed to allude to the original custom of exchanging commodities, thus, u^wy^ai, to pur- chase or exchange, by giving a lamb, («/)?, a^va?, agtius) ; *»'- ofLxi, by giving an ass, (^vo?, asinus); "xuXiea, by giving a foal, Tw>.«5, [equuleiis), or the young of any animal. Servius TuUius first stamped pieces of brass with the im- age of cattle, oxen, swine. Sec. (Pecudes), whence PI^CU- NT A, money, Ovid. Fast. v. 281- {Servius rex ovium ho- umque effi,gie primus i^s signavit, Plin. xxxiii. 3. J^sp^core tiotavit ; Varro, R- R- ii. 1- Plutarch- q- Rom. 40.) Silver was first coined, A. U. 484- five years before the first ?unic war, or, according to others, A. U. 498- and gold, sixty-two years after, Plin- xxxiii- 3. 40. Xfr.- eP v^- ^'r\v^v coins 536 ROMAN ANTIQUITIES. however seem to have been in use at Rome before that time, but of foreign coinage, Liv. viii. 11. The Roman coins v*^ere then only of brass. Hence iES, or icra, plur. is piit for money in general, Ho- rat' art. p- 345. ep' 1- !• 23. Aureos nummos as dicimus, Ul- pian. jEre mutare, to buy or sell ; as alienum^ debt ; annua xra^ yearly pay, Liv. v. 4. I 4 A 538 ROMAN ANTIQUITIES, The impression on silver coins, Cnota argentij was usu- ally on one side, carriages, drawn by two or four beasts, (bige vel quadrigd) ; whence they are called BIGATI and QUADRIGATI, se. nummiy Plin. xxxiii. 3» Liv. xxii. 52. xxiii. 15. and on the reverse, the head oi Roma with an helmet. On some silver coins was marked the fi^re of victory, hence called VICTORIATI, Cic. Foni.^S- Quinctil.vi.S, stamped by the Clodian law, Flin. xxxiii- 3. of the same value with the quinarii- From every pound of silver were coined 100 denarii ; so that at first a pound of silver was equal in value to a thou- sand pounds of brass- Whence we may judge of the scar- city of silver at that time in Rome. But afterwards the case was altered. For when the weight of the as was diminish- ed, it bore the same proportion to the denarius as before^ till it was reduced to one ounce ; and then a denarius passed for sixteen assesj (except in the military pay, in which it continued to pass for ten asse^^ at least under the republic, Plin. xxxiii. 3. for in the time of Tiberius it appears no such exception was made. Tacit. Ann- i- 17.) a quinarius for eight asses, and a sestertius for four ; which proportion continued when the as was reduced to half an ounce, Plin. ibid. Hence argentum are solutum, i. e. an as for a sesterti- lis, or the fourth part, Sail. Cat. 33. See p^ 50. But the weight of the silver money also varied, and was different under the emperors from what it had been under the republic. Varro mentions silver coins of less value : L i b e l l a , worth an as, or the tenth part of a denarius ; Se m b e l l a , (quasi se~ milibella), worth half a pound of brass, or the twentieth part of ar/ewflnw^, and TERUNcius, thefortiethpart of a denari- us, Varro de ling.. Lat- iv. 36- But Cicero puts the libella for the smallest silver coin, Ferr- ii« 10- Rose- C' 4- as well as the teruncius, Firy. iii. 14. Att. v. 20* Fam. ii. 17* this, however, he does only proverbially ; as we say a penny or a/firthiTig' A golden coin was first struck at Rome in the second Punic war in the consulship of C. Claudius Nero and M. Livius Salinator, A. U- 546. called AUREUS, or aureus nummuSi equal in weiglu to two denarii and a quinarius. Weights o«/* Money. 545 Messala bought thehoiiscof AutroniusforH.S.ccccxxxvii, L. 3527: 17: 3i- Cic.Att. i- 13. Domitius estimated liis house sexagies sestertio, i. e- at L. 48,437 : 10 Tu/. Max. ix- 1- 5- The house of Clodius cost centies et quadragies octieSy L. 119,479. Plin. xxxvi. 15. s. 24. The fish-pond of C. Herius was sold for quadragies H- S' L. 32,291 : 13 : 4- Plin. ix. 55. and the fish of LucuUus for the same sum, Ibid. 54. The house-rent of middling people in the time of Julius Cresar is supposed to have been bina tnillia mimmum^ L. 16 : 2 : 11. from Suet. Cces. 38. Thatof Caslius was xxx nii/Zianummum, L.242 : 3 : 9- and thought high, CzV. del.!- The value of houses in Rome rose greatly in a few years. The house of Marius, which was bought by Cornelia for Ih myriads of drachm^. non strigantesy without resting, P/m. /(i. 19. s. 49. Senec. ep. 31. Phadr. iii. 6. 9.) An English acre contains 40 perches or poles, or 660 feet in length, and four poles or 66 feet in breadth. The Scots acre is somewhat more than one fifth larger. The J u G E R u M was divided into the same parts as an a s ; 550 HOMAN ANTIQUITIES. iience tincia agri, the 12th part of an acre, Farr. de It. R, i. 10. ROMAN MEASURES of CAPACITY. ^TnHE measure of capacity most frequently mentioned by -*- Roman authors, is the AMPHORA, {ex »i^i et , guodvas ejus mensur^s utrinque ferretur, duabus a«*w), call- ed also (^UADRANTAL, or cADus, and by the Greeks, me" treta or ceramium^ a cubit foot, containing 2 urn ing altars, or heaps of stones, planting groves, instituting games and festivals ; and what was most universal, by his- torical songs. Tacit, de Mor. Germ. 2. The first attcjupt toward the representation of thought was the painting of objects. Thus, to represent a murder, the figure of one man was drawn stretched on the ground, and of another witli a deadly weapon standing over him. VVhen the Spaniards first arrived in Mexico, the inhabitants gave notice of it to their emperor Montezuma, by sending him a large cloth, on which was painted every thing they had seen. The Egyptians first contrived certain signs or symbols, csiWtd Hieroglyphics, (from and four afterwards by Simonides, l^ «?. ^>^, Piin, vii. S^^ s. 57. Hygin-fab^ 211. Letters were brought into Latium by Evander from Greeee, Ibid. ^ Liv- i. 7. The Latin letters at iirst were nearly of the same form with the Greek, Tacit- ibid. Plin- vii. 58. Some nations ranged their letters perpendicularly, from the top to the bottom of the pages, but most horizontally. Some from the right to left, as the Hebrews, Assyrians, &c. Some from right to left, and from left to right alternately, like cattle ploughing, as the ancient Greeks ; hence this man- ner of writing was called /sso-r^o^sjj'av. But most, as we do, from left to right. The most ancient materials for writing, were stones and bricks, Joseph. Ant Jitd- 1- 4. Tacit. Ann- ii. 60. Lucan» iii* 223' Thus the decalogue, or ten commandments, Exod. xxxiv. 1- and the laws of Moses, Dent- xxvii. 8. Jos. viii. 32. — then plates of brass, Liv. iii. 57* Tacit. Ann. iv. 43- or of lead, P/i//- xiii. IL s- 21. /o6 xix- 24. and wooden tablets, Isaiah xxx. 8. Horat. art- p- 399. Gell. ii. 12. On these, all public acts and monuments were preserved, Cic^ Font. 14. Liv. vi. 20. Plin- pan- 54. Horat. od- iv. 8. 13, As the art of writing was little known, and rarely practised, it behoved the materials to be durable. Capital letters only were used, as appears from ancient marbles and coins. The materials first used in common for writing, were the leaves, or inner bark C liber J of trees ; whence leaves of pa- per, C char tce^ folia ^ vel plagidaJ^ and LIBER, a book- The leaves of trees are still used for writing, by several na- tions of India. Afterwards linen, Liv- iv- 1- 1 3- 20. and ta- bles covered with wax were used- About the time of Alex- ander the Great, paper first began to be manufactured from an ^Egyptian plant or reed c:.lled PAPYRUS, vel -z/w, whence our word paper; or BIBLOS, whence /3/i3A«5, a book. The Papyrus was about ten cubits high, and had several coats or skins above one another, like an onion? which they Metiiod o/'Writinc. 553 separated with a needle. One of these membranes (/;/:2/yr^, "vel sc/ieclce), was spread on a table longwise, and another pla- ced above it across- I'hc one was called stamen, and the other sitbtemen, as the xvarp and the ivoof'm a web. Being moistened with the muddy water of the Nile, which served instead of glue, they were put under a press, and after that dried in the sun. Then these sheets, (plagiiUy vel sched*)^ thus prepared were joined together, end to end, but never more than twenty in what was called one SC APUS, or roll, jP//«. xiii. U.S. 21. The sheets were of different sizes and qualities. Paper was smoothed with a shell, or the tooth of a boar, or some other animal : hence charta dentata, smooth, pol- ished, Cic. Q- fr. ii- 15. The finest paper was called at Rome, after Augustus, Augusta r^^-za; the next Livi- ANA ; the third Hieratica, which used anciently to be the name of the finest kind, being appropriated to the sacred volumes. The Emperor Claudius introduced some altera- tion, so that the finest paper after him was called Clau- dia. The inferior kinds were called Amp/iitheafrica, Sai- tica, Leneotica, from places in -/Egypt where paper was made ; and Fanniana, from Fannius, who had a noted manufactory (officina) for dressing ^Egyptian paper at Rome, Plin. lb- Paper which served only for wrappers, {involucra vel se-^ gestria, sinS' e), was called Emporetica, because used chiefly by merchants for packing goods, Plin. xiii. 12. ; coarse and spongy paper, Scabra BiBULAq^uE, Fiin. ep, viii. 15. Fine paper of the largest size v/as called MACROCOL- LA, sc. charta, as we say, royal ox iinperml paper, and any thing written on it, Macrocollum, sc. volumen^ Ibido &c- Cic. Att. xiii. 25- xvi. 3. The exportation of paper being prohibited by one of the Ptolemeis, out of envy against Eumenes, king of Perga- inus, who endeavoured to rival him in the magnificence of his library, the use of parchment, or the art of preparing skins for writing, was discovered at Pergamus, hence call- ed PEUGAMENA, sc- c^/zr^c, vel Membra N A, parch- ment. Hence alf^o Cicero calls his four books of Academics, 4.C ■ 3B4> ROMAN ANTIQUITIES, quatiior S'ivould not allow himself to be called Dominus, Suet. 53. nor Tiberius, Id- 21- because that word properly signifies a master of slaves, (qui AovcAprtiest, vel imperat), Ter. Eun. iii. 2. 33' An under-teacher was called Hypod IDA scuLus, Cic. Fam- ix. 18. Boys of inferior rank carried their sachels and books themselves, {lava suspensi loculos tabulamque lacerto), Hor. Sati. 6. 74. When a book was all Vv^ritten by an author's own hand, and not by that of a transcriber, {manu hbrarii), it was call, ed AUTOGRAPHUS, Suet, Aug. 71. 87- or Idiographus- Gell. ix 14. METrtoD q/" Writing. 559 The memoirs which a person wrote concerning himself, or his actions, were culled Comment a rii, Cces- ^ Cic* Brut. 75. Suet. C Trist. v. 13- 33. Cura ut valeas ; sometimes ave or salve to a near relation, with this addi- tion, MI ANiME, MI suAvissiME, &c. Thcy ncvcr Sub- scribed their name, as vre do, but sometimes added a prayer 41) !)62 KOMAN ANTIQUITIES. for the prosperity of the person to whom they wrote ; as, Dec J obsecro ut te conse'rvent^ Suet. Tib- 21. which was always done to the Emperors, Dio. Ivii. II and called Sub- 3CRIPTI0, SueU Tib. 32- The day of the month, some- times the hour, was annexed, Suet- Aug. 50. Letters were sent by a messenger, commonly a slave, called TABELLARIUS, Cic. for the Romans had no es- tablished post. There sometimes was an inscription on the outside of the letter, sometimes not, Plutarch- in Dione^ "When Decimus Brutus was besieged by Antony at Muti. iia, Hirtius and Octavius wrote letters on thin plates of lead, which they sent to him by means of divers, ( urinatores\ and so received his answers, Dio- xlvi- 36 Frontin. iii- 13. 7. Appian mentions letters inscribed on leaden bullets, and thrown by a sling into a besieged city or camp, Mithrid. p. 191. See Dio, xL 9. li. 10. Julius Caesar, when he wrote to any one what he wished to be kept secret, always made use of the fourth letter after that which he ought to have used ; as d for a, l|for b, £s?r. Suet. Cces. 56. Dio. xl. 1 !• Augustus used the letter follow- ing, Dio. li- 3. as B for A, and c for b ; for r, aa- Suet. Aug. 88. Isidor. i- 24» So that those only could understand the meaning, who were instructed in their method of writing, Gell- xvii. 9. The Romans had slaves or freed mennvho wrote their let- ters, called AB EPisTOLis, Suet- Claud- 28. Ca manu, vei amanuenses), Suet. C^s. 74- Aug. 67. Fesp. Tit. i. 3. and accounts, (a rationibus, vel ratiociyiatores-, Cic- Att. i. 12. Suet. Claud. 28.) also who wrote short-hand, (Actu- ARii, Suet- Jul. 55. vel Not AR II, Senec- ep- 900 as quick- ly as one could speak ; Currant verba licet, manus est ve- locior illis. Martial xiv. 208- on waxen tables, Au&on. ep. 146* 17. Manil. iv. 195. sometimes put for amanuenses^ Plin. ep.iii. 5. ix. 36. who transcribed their books, (Lib ra- Eii), Cic- ^^^ xii. 3. Liv xxxviii. 55. who glued them, (clutinatores, Cic- Att- iv. 4. vulgarly called librorum co7icinnatores vel compactores^ /3i/3A^vq,7mdtits, et H-t^o<;,Jilum)i lb. & Martial xiv. 150. Isidor- xix. 22. wrought, as weav- ers say, with r many -leaved caam ov comb- The art of mixo ing silver in clolh {arge7itumin Jiladeducere, et fills argenteis vestimenta contexere) was not invented till under the Greek emperors; when clothes of that kind of stuff came to be much used under the name of Vestimenta Syrmati- NA, Salmas. dd Fopisci Aurelia7i. 46. From the operation of spinning and weaving, FILUM, a thread, is often put for a style or manner of writing, Cic- Lxl. 7. Orat. ii. 22. iii. 26. Fam. ix^ 12. Gel- xx- 5. and DucEREorDEDUCERE, to writc or compose ; Juvenal* vii. 74- thus, Tenui deducta poematafilo, i. e. subtiliore sti- io scripta, Horat. ep. ii. 1. 225. Sodeductum dicere carmen^ to sing a pastoral poem, written in a sim,ple or humble style, Virg. eel. vi. 5. — Ovid. Trist. 1. 10. 18. ep. xvii- 88. Pont i. 5. 7. & 13. also texere, Cic. Fam. ix. 21- Q.fratr- iii. 5. and subtexere, to subjoin, Tibull. iv. 1. 211. In the Atrium anciently the family used to sup, SerV' in Firg Mn \. 726. iii. 353- where likewise was the kitchens Houses of the Roiians? 573 In the Atrium, the nobility placed the images of their an- jcstors, see p. 33. the clients used to wait on their patrons, Horat. ep. u 5. 31. Juvenal, vii-71. and receive the spor- tula, Sec p. 490. The Atrium ^v'as also adorned with pictures, statues, plate, &c. and the place where these were kept was called PINATHECA, Plin. xxY\. 2. Petron- 29. 83. In later times, the atrium seems to have been divided in- to different parts, separated from one another by hangings or veils, (velaJ, into which persons were admitted, according to their different degrees of favour ; whence tl'.Cy ^^^''^ ealln ed amici ADMISSIONIS prinue, secundce, vel tertia i which distinction is said to have been first made by C. Gracchus and Livius Drusus, Senec. de benef. vi. ^^. 34. Clem-'u 10. Hence those who admitted persons into the presence of the Emperor, were called Ex officio admis- s I o N I s, Suet. Fesp. 14. vel A d m iss i o n a l e s , Lamprid- in Alex. 4. and the chief of them, Magisteradmissionum, master of ceremonies, Fopisc. Aurelian. 12- usually freed- men, who used to be very insolent under weak or wicked princes, Plin. xxxiii. 3- and even to take money for admis- sion, Senec. const. Sapient. 14- but not so under good prin- ces, Plin- pa?teg- 47. There was likewise an atrmm in temples ; thus atrium. Libertatis, Cic. Mil. 22. Liv. xxv. 7. Tacit. Hist. i. 31. Atrium publicum in Capitoho, Liv. xxiv. 10. In the hall there was an hearth (FOCUS), on which a fire was kept always burning near the gate, under the charge of the janitor, Ovid. Past* i. 135. around it the images of the Lares were placed; whence Lar is put for focus ^ ibid. The ancients had not chimneys for conveying the smoke through the walls as we have ; hence they were" much in- fested witli it, Horat. Sat- i. 5. 81. Fitruv. vii. 3. hence also the images in the hall are called Fumos^,CV6". Pis* 1 Ju- venal, viii. 8. and December Fumosus, Irom the use of fires in that month. Martial, v. 31. 5. They burnt wood, Horat. od. i. 9. 5. which they were at great pains to dry. Id. iii. 17. 14. and anoint with the lees of oil, famurca), to prevent smoke, Pirn. 2iv- 8. hence called 574 ROMAN ANTIQUITIES. ligna ACAPNA, (exapriv. et "^^^oi^fumus). Mart. xiii. 15 vel cocT A ^nefumum faciant^\J\^\?ci\'dt legg. iii. 1. 53 CatodeRRc. 130. The Romans used portable furnaces, (camini portatiles, fornacesy vel -culcs, faculty ignitabula vel c?vas called THOLUS, Sew, in Firg. jEn- ix» 408. Ovid^ Houses of the Romans* 577 Fast. vi. 296. the front of which, or the space above the door, was also called Fasticium, Vir^. ibid. But any round roof was called Tholus, Martial, ii. 59. Fitruv. i. ?• 5. as that of Vesta, resembling the concave hemisphere of the sky, Ovid- Fast- vi. 282. & 296. Whence Dio says, that the PanllKon of Agrip]in had its name, because from the roundness of its figure (■9^oAof/ 68. in porticos, Plin. ep. ii. 17. in sedans, (/?//rxpccS'ei- rii\ tor deer and wild beasts, Theriotrophium, vel vi- va kium, Gell' n, 20. but the last word is applied also to a fish-pond, (Piscina), Juvenal- iv» 51- or an oyster-bed, 580 ROMAN ANTIQUITIES. Plin. ix« 54. or any place where live-animals were kept for pleasure or profit : Hence in vivaria mittere^ i. e- lactate, muneribus et observantia omni alicujus htreditatem captare, to court one for his money, Horat. ep. \. 1. 79. Ad vivaria currufit, to good quarters, to a place were plenty of spoil is to be had, Juvenal, iii. 308. Tlie Romans were uncommonly fond of gardens, (Hor- Tus, vel ORTUS, ubi arbores et olera oriuntur), as indeed all the ancients were : Hence the f^ibulous garden and golden apples of the He spe rides, Firg. Mn. iv. 484. of Adonis and Alcinous Ih. G. ii- 87. Ovid Am- i. 10. 56. Pont. iv. 2. 10. Stat. Sylv. i. 3. 81. the hanging gardens {pensiles horti) of Semiramis, or of Cyrus at Babylon, Plin. xix. 4. the gardens of Epicurus, put for his gymnasium^ or school, Ibid, et Cic. Att xii- 23- Fiv. v. 3- In the laws of the twelve tables, villa is not mentioned, but hortus in place of it, Plin. Ibid. The husbai>dmen cull- ed a garden altera succidia, a second dessert, or flitch of ba- con, (perna, petaso, vel lardum), \- hich was always ready to becut,. Oc. Sen. 16* or asalladCACEXARiA, -orum,y«c?7?c concoquiy nee oneratura sensum cibo^ Plin. xix* 4. s. 19.) and judged there must be a bad housewife inequam mater familiasy for this was her charge) in that house where the garden was in bad order, Qndiligens hortus^ i. e. indiligenter cultus). Even in the city, the common people used to have representations of gardens in their windows, Plin. ibid. In ancient times, the garden was chiefly stored with fruit- trees and pot-herbs, {ex horto enim plebei macellum^ lb.) hence called Hortus pinguis, the kitchen-garden, Virg, G iv. 118. Plin- ep- ii 17- and noble families were denomi- nated not only from the cultivation of certain kinds of pulse, {legumina)y Fahii^ Lentuli, Pisonesy &c. but also of lettuce, Lactucini^ Plin. xix- 4* But in after times, the chief attention was paid to the rear- ing of shady trees, Horat. od. ii- 14. 22 et od. xv. 4. Ovid- Nux. 29, &c. aromatic plants, flowers, and evergreens ; as the myrtle^ ivy, laurel^ boxwood, &?c. These, for the sake of ornament, were twisted, and cut into various figures by slaves trained for that purpose, called TOPI ARII, Plin- ep. iii. 19. who were said Topiariam, sc. ortem facere, Cic, Q.yr. iii. 1. 2. Wopus topiarium, Plin, xv. 50. Agriculture. 581 Gardens were adorned with the most beautiful statues, Cic Dam. 43. Pbu. ep. viii- 18. f. Here the Romans, when they chobe it, hved in retirement, Cc, Att. xii. 40. Suet. CI- 5. Tacit. Ann. xvi. 34. and entertained their friends, St-nec- ep. 21- M:.rt' iv. 64. The Romans uere particularly careful to have their gar- dens well vvatered, {rigui, vel irriguij ; and for th.2 nullam sortein bonnrum natus^ i. e* partem hereditatis., to no share of his grandfather's fortune, Liv. !• 34. After the expulsion of the kings seven acres were granted to each citi- zen, Plin. xviii. 3. which continued for a long time to be the usual portion assigned them in the division of conquered lands, Liv. v. 30. Fal. 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, prtef. & i- 3. and Pliny, xviii. 3. Those whom proprietors employed to take care of those grounds which they kept in their own hands, were called VILLICI, Horat. ep. i. 14- Cic. Ferr. iii- 50. Jtt. xiv. 17. and were usuallj'' of servile condition. Ibid. Those who cultivated the public grounds of the Roman people, and paid tithes for them, were also called Ar a to- res, whether Roman citizens, or natives of the provinces, iprovinciales) ; and their farms, Arationes, Cic, Verr* iii. 20. 27. 5^. Phil. ii. 37. But when riches increased, and the estates of individuals were enlarged, opulent proprietors let part of their grounds to other citizens, who paid a certain rent for them, as our farmers or tenants, and were properly called COLONI, Cic. C'Tcin.' 32. Plin. ep. x. 24- Colutn. i. 7- CONDUC TORES, Plm. ep. vii 30. or PARTIARII, because usu-^ ally they shared the produce of the ground with the propr;c- Agriculture. 583» tor, Caiits I. 25. \ 6. Jf, Locate Plin, ep. ix. 37. It ap- pe-if^ that the Romans generally gave leases only for five years, ismguUs lustris pr^dia /ocasse)^ Id- ix.37. AGRICOLiE was a general name, including not only those who ploughed the ground, (ARATORES, qui ter- ram arant, vel ipsi sua manu^ vel per alios^ Cic* Verr- v. 38.) but also those who reared vines, fvinitores) ; or trees, {arboratoresj ; and shepherds, ipastores)' At first the stock on the farm seems to have belonged to the proprietor, and the farmer received a certain share of the produce for his labour. A f.\rmer of this kind was called POLITOR, vel Polmtor, the dresser of the land, or Par- ti arius, which name is also applied to a shepherd, or to any one who shared with another the fruits of his industry. Such farmers only are mentioned by Cato, who calls those who farmed their own grounds, Coloni. So Virg- eel- ix. 4. But this word is commonly used in the same general sense with agricoU : JVon dominus, sed colofius, Scnec^ ep. 88. In Columella, colonus means the same with the farmer or tenant among us, who was always of a free condition, and distinguished from VILLICUS, a bailiff or overseer of a farm, a stevvard, who was usually a slave or freedman, Co- lum- i. 7- Horat. ep. r. 14- Cic- Verr* iii. 50- So shepherds, Virg. eel. i. 28. & 41. When a free-born citizen was em- ployed as an overseer, he was called Procurator, Cic, C 91. PliU' xviii. 18' Irpex, a plank with several teeth, drawn by oxen, as a wain, to pull roots out of the earth, Farr Z. L. iv. 31. Mark a, a mattock, or hand hoe, for cutting out weeds, Juveiial. iii. 311. Dolabr a, an addice, ■or ads, with itsfd^e athv/art the handle : Securi?, an axe, 4G 586 ROMAN ANTIQUITIES, with its edge parallel to the handle : sometimes joined in one ; hence called Securis dolabrata ; used not only in vineyards, but in corn-fields, for cutting roots of trees, ifc. Col- ii. 2. The part of the pruning- knife, (falx)^ made in the form of the half- formed moon, (semiformis luna), was also called Securis, Col' iv. 25. • The Romans always ploughed with oxen, usually with a single pair, C singulis jugis, \t\ paribus) , Cic, Verr. iii. 2L often more, Plin. xviii. 18. sometimes with three in one yoke. Col' vi. 2- 10. What a yoke of oxen could plough in one day was called Jugum, Farv' R. K. i. lO- vel JtrcERUMj, Plin. xviii. 3. Oxen, while young, were trained to the plough with great care, Firg. G. iii. 163. FarV' i. 20. Col vi- 2. The same person managed the plough, and drove the cattle, (Rector, Plin. ep' 8. 170 with a stick, sharpened at the end, called Stimulus, (xsvt/juwJ a goad. They were usually yoked by ihe neck J sometimes by the horns, Plin. viii- 45. Col- ii. 2, The common length of a furrow, made without turning, was 120 feet? hence called Actus, which squared and doubled in length, made a JUGERUM, P/m. xviii. 3. used likewise as a measure among the Hebrews, 1 Sam. xiv. 14- The oxen were allowed to rest a little at each turning. Col' ii. 2- Cum ad versuram ventum est, vel. Cum versus peractus est, i. e. cum sulcus adjinem perductus est ; and not at any other time ; (jiec strigare in acta spintus, i. e. Tiec interquiescere in ducendo ji//co, Plin- xviii* 19' w^ff in .Media parte versurx consistere. Col. ii. 2«) When in ploughing, the ground was raised in the form of a ridge, it was called PORC A, (i. e. inter duos sulcos terra ela- ta vel eminensy Varr. R. R. i. 29. Fest. in Imporcitor), or Lira, Col- ii- 4. But Festus makes porc^ to be also the furrows on each side of the ridge for carrying off the wa- ter, properly called collic^, Plin. xviii. 19. s. 49. Hence Lira RE, to cover the seed when sown with the plough, by fixing boards to the ploughshare, Plin. xviii. 20. Varr. i.29, when those side furrows were made, Col. ii. 4. These ridges are also called Sulc i ; for sulcus denotes not only the trench made by the plough, but the earth thrown up by it^ Virg.G'llU^ A<;riculturi;. 587 The Romans indeed seem never to have ploughed in ridges unless when they soued They did not go round when they came to the end of a field, as our ploughmen do, but returned in the same track. They were at great pains to make straight furrows, and of equal breadth. The plough- man who went crooked, was said Deli rare, (i. e. de lira decederc ; hence a recto et ccquo^ et a communi sensu recede re, to dote, to have the intellect impaired bv '.'.ge or passion, Horat- ep. i. 2. H- Crc. orat. ii. 18.) and Pr/Evaricari, to prevaricate ; v\ hence this word was transferred toexpress crime in judicial proceedings, Plin. xviii. 19. s. 49. Seep> 288. To break and divide the soil, the furrows were made so narrow, that it could not be known where the plough had gone, especially when a field had been frequently ploughed, lb ' This ^vas cccasioned by the particular form of the Ro- man plough, which when held upright, only stirred the ground, without turning it to a side. The places where the ground was left unmoved, (crudum et immotum), were called SCAMNA, baulks, Id. &f CoL ii. 2. The Romans commonly cultivated their ground, and left it fallow alternately, {altemis, sc. annis) Virg. G. i. 71. as is still done in Switzerland, and some provinces of France. They are supposed to have been led to this from an opinion, that the earth was in some measure exhausted by carrying a crop, and needed a year's rest to enable it to produce ano- ther ; or from the culture of olive-trees, which were some- times planted in corn-fields, and bore fruit only once in two years, Col- v. 7, 8, & 9- Farr. i. 55- Plin. xv- 3. A field, sown every year, was called RESTIBILIS j after a year's rest or longer, NO V A LIS, fiem- vel novate, or Vervactum, Plin. xviii, 19. s -49. {quod veresemel ara- turn est)' When a field, after being long uncultivated, {ru- dus vel crudus), was ploughed for the first time, it was said Proscindi; the second time, iterari, vel offringi, be- cause then the clods were broken by ploughing across, and harrowing, Festus ; Plin. xviii- "20. the third time, tertiari^ LiRARi, vel in liram redigi ; because then the seed war, sov.m3 Farr. i. 29. But four or five ploughings were given 588 ROMAN ANTIQUITIES. to stiff land, sometimes nine, Firg. G. i. 47. Flin. xviii. 20. P/m. ep .V. 6. To express this, they said, tertio, quarto, qidnto sulco se- rere^iox tei\ qiiater^qmqiiies arare. One day's ploughing, or one yoking, was called Una opera ; ten, decern oper^e^ Col. ii- 4. Tallow-ground was usually ploughed in the spring and autumn ; dry and rich land, in winter ; wet and stiff ground, chiefly in summer : Hence that is called the best land, op- tima seges)y^is Qu^ solem, bis frigora sensit, i« e. bis per mstatem^ bis per hiemem arata^ Plin. xviii. 20. Virg. G. i. 48. Thus also seges is used for ager or terra, Id- iv, 129. Cic. Tusc. ii. 5. Locus ubi prima paretur arboribus Seges, i. e. seminarium, a nursery, Virg' G' ii. 266. but commonly for sata, growing corn, or the like, a crop ; as seges lint, G- i. 77. or metaphorically, for a multitude of things of the same k.ind ; thus, Seges virorum, Ovid. Met. iii. 110. Virg. G. ii. 142. Seges telorum^ i^n. iii. 46. Seges gloria), a field, Cic. Mil 13. The depth of the furrow in the first ploughing, (cum sulcus altius imprimeretur), was usually three fourths of afoot, or nine inches, (sulcus dodrantalis), Plin- xviii. 19. Pliny calls ploughing four fingers or three inches deep, Scari- i'lCATio, lb. 17. tenia sulco arare, lb. 18. tenui suspendere sulco, Virg. G. i. 68- The seed was sown from a basket, CSatori a, sc. corbis, irimodia, containing three bushels. Col. ii. 9.C It was scat- tered by the hand, Cic, Sen. 15. Flirh xviii- 24- and that it might be done equally, the hand always moved with the step, as with us, lb- The Romans either sowed above furrow, Chi lira), or un- der furrow, ^sub sulco) ; commonly in the latter way. The seed was sown on a plain surface, and then ploughed, so that it rose in rows, and admitted the operation of hoeing. It was sometimes covered with rakes and harrows, Crastris, vcl crate dentataj, Plin. xviii. 20» The principal seed-time, tempus sativufriy sationis v. se- minationis, vel sementem fdciendi ) ^ especially for wheat and barley, was from the autumnal equinox, to the winter sol- stice, Virg. G' i. 208. and in spring as soon as the weathey ^ would permit, CoL ij. 8- Van* i, 34, Agriculture. 58P The Romans were attentive not only to the proper sea- sons for sowing, but also to the choice of seed, and to adapt the quantity and kind of seed to the nature of the soil, Varr, I- 44. Firg, G. i. 193. Plin- xviii.24. s. 55. When the growing corns, {segetes^ vel sata, -orum), were too luxuriant, they were pastured upon, depascebanturj y Virg.G-i. 193. To destroy the weeds, two methods were used ; SARCU- LATIO, vel sarritio hoeing : and RUNCATIO, weeding, pulling the weeds with the hand, or cutting them with a hook. Sometimes the growing corns were watered, (n^a- bantur), Virg. G. i. 106. In some countries, lands are said to have been of surpris- ing fertility, {sata cum midtofcenorereddebant^ Ovid. Pont. i. 5. 26.) yielding an hundred fold, {ex tino centum^, some- times more ; as in Palestine, Gen- xxvi- 12. in Syria and Africa, Farr- i. 44. in Htspania Bcet'wa^ and Egypt, the Leontine plains of Sicily, around Babylon, &c. Plin. xviii. 10. & 17 but in Italy in general, only ten for one, {ager cum decimo efficiebat^ efferebat^v . fundebat ; decimo cum fceiiore reddebat)^ Varr. i. 44- as in Sicily, Cic- Verr. iii. 47- some- times not above four, (frumenta cum quarto respondebant). Col. iii- 3. The grain chiefly cultivated by the Romans was wheat, of different kinds, and called by different names, TRITI- CUM, sUigo^ robiis^ also FAR, or ador, far adoreum vel semen adoreum^ or simply adoreum ; whence adore a, war- like praise or glory ; Adorea aliquem afficere, Plaut. Amph« 5. 1. 38. i. e- gloria^ v. 2. 10. or victory*; because a certain quantity of corn Cador) used to be given as a reward to the soldiers after a victory, Horat- od-iv. 3. 41. Plin. xviii. 3, No kind of wheat among us exactly answers the description of the Roman^ar- What resembles it most, is what we call spelt- FAR is put for all kinds of corn; whence Farina, meal ; farina silignea-, vel triticea^ simila, vel similago, flos siliginis, pollen triticiy flour. Cum fueris nostra paulo ante farina^ i. e. generis vel gregis, Pers- v. 115. Barley, HORDEUM, vel ordeum, was not so much cul- tivated by the Romans as wheat. It was the food of horses. 590 ROMAN ANTIQUITIESJ Col vi. 30. sometimes used for bread, ipanis hordeaceiuj Piin. xviii. 7. s. 14. given to soldiers, byway olpunishment, instead of wheat, Liv- xxvii' 13« In France and Spain, also in Pannonia, Dio' xlix. 36. especially before the introduc- tion of vineyards, it was converted into ale, as among us, called coelia, or ceria in Spain, and cervisia in France, Flino xiv. 22. the froth or foam of which Cspwna\ was used for barm or yeast in baking, ^profermento)^ to make the bread lighter, xviii. 7. and by women for improving their skin, iad €utem nufriendarrt,) Id. xxii. 25. Oats, AVENA) were cultivated chiefly as food for horses ; sometimes also made into bread, Cpanis avenaceus^. Ave- KA is put for a degenerate grain, (vitiumfrumenti, cumhor- deum in earn degenerat)^ Plin. xviii. 17. Cic. Fin. v. 30. or for oats, which grow wild, ^steriles avenx^ i. e. qua non se^ runtur), Serv. in Virg. Eel- v. 37. G. i. 153- 226- As the rustics used to play on an oaten stalk ; hence ave^ .na is put for a pipe, Uibia^ veljistula), Virg. Eel. i. 2. iii' 27, Martial viii. 3. So calamus stipula, arundo^ ebur^ &.c. Flax or lint CLINUM) was used chiefly for sails and cord- age for ships ; likewise for wearing apparel, particularly by the nations of Gaul, and those beyond the Rhine, Plin. xix. 1. sometimes made of surprising fineness, /6z(/. 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 supported them ; for hedges, Virg. . G- ii. 436. and for making baskets. They grew chiefly in moist ground ; hence udum salictum^ Horat. od. ii. 5. 8- Liv- xxv. 17. Cato 9. So the osier, siler ; and broom, genista^ Virg, G. ii. 11. Various kinds of pulse Uegu?nina) were cultivated by the Romans ; FABA, the bean ; pisum^ pease ; lupwu??i, lu- pine ; faselus^ phaselus^ vel phaseolus^ the kidney-bean ; iens, lentiles deer v. cicercula, vicia v- ervum^ vetches, or tares ; sesamum^ v- -a, &c. These served chiefly as food for cattle ; some of them also, as food for slaves and others, especially in times of scarcity ; when not only the seed, but also the husks or pods, (siligw), were eaten, Horat' ep. ii- 1. 123. Fers. iii. 35. The turnip, (rapum^ v -o, vtXrapus)^ was cultivated for the same purpose, Plin. xviii. 13« Agriculture. 591 There were several things sown, to be cut green as fod- der for the hibouiing cattle, as ocimum, vel ccymum^fosmim Gricnm, vicia^ cicera^ ervwn, &.c. particularly the herb me- dica ; and citysus for sheep, Plin. xiii. 24. The Romans paid particular attention to meadows, (Pra- '£ A.^ quasi semper purata, Plin. xviii. 5.) for raising hay and feeding cattle, by cleaning and dunging them, so'.ving va- rious grass seeds, dciendiijg them from catde, and some- times watering them. Col ii. 17» Hiy (Foenum) was cut and piled up in cocks or small he^ps of a conical figure, (in metas exfructum ; then collect- ed into large stacks, or placed under cover, Col. ii- 22. When the hay was carried off the field, the mowers iftenise- ces., vel -c' has tri short, from T^f/«, three ; and /SeAi,, a spike or prickle. These methods of beating out the corn were used by the Greeks, Homtr. II. xx- 495. and Jews, Isai. xxviii- 27, Agriculture. S93 Corn was winnowed, CventilabaturJ, or cleaned from the chift', Cacus, -erisjj by a kind of shovel, ivalltts, pala, vel ventilabrun,)^ which threw the corn across the wind, Farr. i. 52. or by a sieve, (vaiinus vel cribium)^ which seems to have been used with or without wind, CW- ii- 21. as among the Greeks, Homer- IL xiii. 588- and Jews, Is. xxx. 24. Amos ix. 9. Luke Xxii. 31. The corn, when cleaned, {expurgatum^) was laid up in granaries, {horrea vel granaria), variously constructed, Plin„ xviii. 30. sometimes in pits, (wz scrodibus)^ where it was preserved for many years ; Varro says fifty, Id. ^ Farr, i« 57. The straw was used for various purposes ; for littering cattle, fpecori^ ovibus bubiisque snbsternebatw\ unde Stra- in en, V. -tiim dictum)^ Varr. i. 1. 3. for fodder, Pl'm^ xviii. 30. and for covering houses ; whence Culmen, the roof from culmus a stalk of corn, Id. The straw cut with the ears was properly called Pale a ; that left in the ground, and afterwards cut, Stramen, vel stramentum, vel stipula^ the stubbie, which was sometimes burnt in the fields, to meliorate the land, and destroy the weeds. Id- ^ Firg. G. i- 84- ' As oxen were chiefly used for ploughing, so were the fleeces of sheep for clothing ; hence these animals were reared by the Romans with the greatest care. Virgil gives directions about the breeding of cattle, {qui cultus habendo sitpecori); of oxen and horses, (armenta), G. iii. 49» 72. of sheep and goats, (greges], v. 286. also of dogs, 404. and bees, iv. as a part of husbandry. While individuals were restricted by law to a small por- tion of land, and citizens themselves cultivated their own farms, there was abundance of provisions, without the im- portation of grain ; and the republic could always command the service of hardy and brave warriors, when occasion re- quired. But in after ages, especially under the Emperors, when landed property was in a manner engrossed by a few, Juvenal, ix. 55. and their immense estates in a great mea- sure cultivated by slaves, Liv, vi. 12. Seiiec, ep- 114^ Rome was forced to depend on the provinces, for supplies both of provisions, and of men to recruit her nrmiVq 4H 594 ROMAN ANTIQUITIES. Hence Pliny ascribes the ruin first of Italy, and then of the provinces, to overgrown fortunes, and too extensive posses- sions, fLat'ifundia^ sc. nimis ampla, perdidere Italiam : jam vero etprovincias)^ xviii. 3. & 6. The price of land in Italy was increased by an edict of Trajan, that no one should be admitted as a candidate for an office who had not a third part of his estate in land, Plm. €p. vi. 19. PROPAGATION of TREES. ^T^HE Romans propagated trees and shrubs much in the -*- same way as we do. Those are properly called trees (arboresJ which shoot up an one great stem, body, or trunk, (stzrps^ truncus^ caudex, \q\ stipes), 2in6.i\itn at a good distance from the earth, spread into branches and leaves, Crami et folia) ; shrubs, FRUTICES, vel virgultaj, which divide into branches, rami, v. -uliJ^ and twigs or sprigs, {virg<^, v. -uU, as soon as they rise frorh the root. These shrubs which ap- proach near to the nature of herbs, are called by Pliny suffrutices. Virgil enumerates the various ways of propagating trees and shrubs, (sylv^fruticesqueJ, both natural and artificial ; G. ii. 9. &c. 1. Some were thought to be produced spontaneously ; as the osier, fsiler) \ the broom, (genista) ; the poplar and YfiWow^CsalixJ. But the notion of spontaneous propaga- tion is now universally exploded. Some by fortuitous seeds ; as the chesnut, the escidus, and oak : Some from the roots of other trees: as the cherry, (Cerasus, first brought into Italy by Lucullus from Cerasus, a city in Pon- tus, A. U. 680. and 120 years after that, introduced into Britain, Plin. xv. 25. s. 30.) the elm and laurel, {Jaurus)y which some take to be the bay tree. II. The artificial methods of propagating trees, were, . — 1. By suckers, (Stolones, iinde cognomefi, STOLO, JPlin. xvii. 1. Farr. i. 2' J or twigs pulled from the roots of trees, and planted in furrows or trenches, {.sulci \'foss strument with two forks, called pastiminiy Col. iii. 18. which word is put also for a field ready for planting, (ager pastinatus). An old vineyard thus prepared was called Vi- NETUM RESTIBILE, /fl^. The vines were supported by reeds, {arundines)^ or round stakes, (pali ; whence vites palare, i. ^.fidcire vclpedare)^ or by pieces of cleft-oak or olive, not round, iridicte), Plin« icvii. 22' which served as props, {admimcula,\.pedavienta) ; round which the tendrils iclavicuU, v, capreoliy i* e. collicu^ Propagation o/" Trees. 597 V. cauliculi vitei intorti, ut cincinni, Varr. i. 51.) twined. Two reeds or stakes, {.valli furc^que ^^f/cn^cj), supported ach vine, with a stick, ipertica)^ or reed across, called Ju- ;UM or Cantherium, Col. iv' 12. and die lying of tlie vines to it, Capitum conjug atio, e/ religatio, Cic. Sen. 15. was effected by osier or willow. twigs, many of which grew near Ameria in Umbria, Virg G. i- 265. Col. iv* 50. 4- Pliri' xvi. 37. s. 69. Sometimes a vine had but a single pole or prop to sup- port it, w ithout a jugum or cross-pole ; sometimes four poles, with a jugum to each ; hence called vitis Complu- VI at A, (a cavis ft^dium compluviis)^ Plin. xvii. 21- if but one jugum, UNijtJGA, 22. Concerning the fastening of vines to certain trees, see p. 492. The arches formed by the branches joined togethar, {cum palmites sarmeiUo inter se junguntur funium modo), were called Fun eta, Plin. xvii. 22. and branches of elms extended to sustain the vines, Tab UL ATA, stories, Firg. G. u. 361- When the branches, (palmites, V' pa7npini),\vGre. two lux- iriant, the superfluous shoots or twiQs (sarmenta) werelopt off with the pruning-knife, (ferro amputata), Cic. Sen. 15- Hence ViTEs comp^^cer^ vel castigare; comas stnngere^ brachia tendere, Virg. G. ii- 368. Fampinare for pampinos decerpere, to lop off the small branches, Plin- xviii. 27. The highest shoots were called Flagella, Firg. G. ii. 299. the branches on which the fruit grew, Palm^e; the ligneous, or woody part of a vine. Materia; a branch springing from the stock, Pampik^arilm ; from ano- ther branch, Fructuarium ; the mark of a hack or chop, Cicatrix ; viYiQWQt cicatricosus, Plin. xvii. 22. Col' V.6. The vines supported by cross stakes in dressing, were usually cut in the form of the letter X, which was called Decussatio, Cohpn, iv 17. The fruit of the vine was called UVA, a grape ; put for a vine, Virg. G. ii. 60- for wine, Ilorat. od- i. 20. 10. for a vine-branch, fpampinus)., Ovid. Met. iii- 666. for st swarm fexamen) of bees, Virg, G- iv. 558. properly not a single berry, (acinus, v. -urn J, Suet. Aug. 76. but a cluster. (racemij;!, I. f:-, acinnrum mnp-er^f^-, ritm pcdiculis), Col.' xi. 2. 598 ROMAN ANTIQUITIES. The stone of the grape was called Vina ceus, v. -um^ or acinus vinaceus^ Cic. Sen. 15. Any cluster of flowers or berries, {racemus in orbem circumactusJ , particularlv of ivy fhedera), was called CORYMBUS, Plin, xvi. 34- Firg, Eel. iii, 39. Ovid. Met' iii. 665. croc ei corymbiy \- e. flores. Col. X. 301. The season when the grapes were gathered was called ViNDEMiA, the vintage, (a vino demendo, i. e. uvis legen- dis) ; whence vindemiator^ a gatherer of grapes, Horat. Sat. i. 7. 30. Vineyards, (VINEiE vel vtneta), as fields, were divided by cross paths, called LIMITES ; Thence lijnitare, to di- vide or separate ; and limes ^ a boundary.) The breadth of them was determined by law : see lex Mamilla. A path or road from east to west, was called DECIMANUS, sc- limes ^ (a mensura denum actuum) ; from south to north, C ARDO, (c cardine mundi, i. e the north pole ; thus, mount Taurus is called Cardo, Liv- xxxvii. 34.J or se- 7nita ; whence semitarCy to divide by-paths in this direc- tion, because they were usually narrower than the other paths. The spaces, (area)y included betweeen twose- mita^ were called Paging, comprehending each the breadth of five palt^ or capita vitium^ distinct vines, Plin. xvii. 22. Hence agri Compaginantes, contigu* ous grounds. Vines were planted (serebantur) at different distances, according to the nature of the soil, usually at the distance of five feet, semetimes of eight ; of twenty feet by the Urn- bri and Marsi, who ploughed and sowed corn between the vines, which places they called Porculeta. Vines which were transplanted, {translate), bore fruit two years sooner than those that were not, {sate)^ Plin. ibid. The LimitesJ^Ecv^iAiii were called prorsi, i. e- porro versiy straight ; and the Carbines tran.wers?^ cross, Fes- tus ; from the decumani being the chief paths in a field ; hence d e c u m a n u s for mag7ius ; thus, Ova vel poma decu- itiana^ Festus. Acipenser decumanus^ large, Cic. Fin. ii. 8- So Fluctus decimanusy vel decimtis, the greatest, Ovid. Trist \. 2. 49. Me^. xi. 530. Sil- xiv. 122. Lucan- v. 672- Sefiec. Again. 502. as ''■ptx-^H^K^y tertius fluctus ^ among the Greeks, Carriages, 59.9 kiXf iTEs is also put for the streets of a city, Liv. xxxi. 24. Pliny directs the limites deaimani in vineyards to be made eigliteen feet broad ; and the cardines, or transversi limitest ten feet broad, Plin. xvii. 22. s- 35. Vines were planted thick in fertile ground, {pingiii cam- po), and thinner on hills, but always in exact order, ^ad un- guem)y Virg. G. ii- 277. The Romans, in transplanting trees, marked on the bark the way each stood, that it might point to the same quarter of the heaven in the place where it was set, Firg- G: ii. 269« ColumelL de Arbor. 17. 4. In the different operations of husbandry, they paid the same attention to the rising and setting of the stars, as sail- ors. Id. G. i- 204. also to the winds. Id 5L iii. 273. l^he names of the chief winds \vtYQ*Aquilo, or Boreas^ th*" north-wind ; Zephyrus^ vel Favonius, tlie wesr.-wind ; Auster V. jXotus, the south- wind ; Eurus^ the east-wind ; Corus^ Caurus-, vel Japix^ the north-west ; Africus, vcl Libs, the south-west. Senec. nat. p. v. 16. Volturnus^ the south-east, &c- But Pliny denominates and places some of these differently, ii. 47. xviii. 33. & 34. Winds arising from the laud were called Altani, or apogai ; from the aes trO" paiy Plin. ii. 44. The ancients observed only four winds ; called Venti Cardinales, Sej-V' in Virg^'i. 131. because they blow from the four cardinal points of the world, Plin. ii. 47. Ho- mer mentions no more, Odijss' E. 295. So in imitation of him, Ovid. Met. i. 61. Trist. i. 2. 27. and Manilius, Astron. iv. 589. Afterwards intermediate winds were ad- ded, first one, and then two, between each of the venti Car^ dinales' CARRIAGES of the ROMANS. npHE carriages (Vehicul A, z^ fertona^ Suet- Ner. 26. or Cathedra, Juvenal, i. 64. vi. 90. in a couch or litter, on which they lay extended, LEC- TICA vel cubile. Suet. Dam. 2. Ovid. A. A. i. 487- used both in the city and on journies, Tac' hist. i. 2»5, Ann. xivo 4. Plin. ep- iii. 5- Suet. 0th. 6. Ner. 26. Vit. 16. some- times open, and sometimes covered, Cic. Phil. ii. 41- Att^ x» 12. with curtains of skin or cloth, Martial' xi. 99. 11. called Plagul.e, Suet. Tit. 10. which were occasionally drawn aside, Senec. Suas. 7« sometimes with a window of glass, or trartsparent stone, Juv. iii- 242. iv. 20- so that they might either read or write, or sleep in them, Juv. \\u 249- There were commonly some footmen or lacqueys who went before the sedan, fcuR sores), Petrun. 28. Se- nec- ep. 123. mht selLe 2iX\di lectic<^ of women were of a different con- struction from those of men ; hence sella vel lectica mulie- brisy Suet. Oth. 6. The cathedra is supposed to have been JjecuUar to women, ./«y. vi- 91. Mart. xii. 38- The sella usually contained but one ; the lectica^ one or more, Tacit" hist, iii- 67. Suet. AVr. 9- Cic. Q./r. ii. 9- ThQ sella had only a small pillow icervicaO, to recline the head on, Juv. vi. 352. The lectica had a mattress, Senec- ad Marc. 16<> stuffed with feathers ; henre tevsilesplumx, Juy- i, 159- sometJures wi^ 4 J 602 ROMAN ANTIQUITIES, roses,) pulvimts rqsafarctus), Cic. Verr. v* 11. probably with ropes below, Mart. ii. 57* 6. Gell. x. 3. The selU and lecticj, V. -rsTfttT^o.jt^oi^ quatuor rotarum currus-, Homer II " 324. Two horses yoked to a carriage were called BIG^T^, bi- jugiy V. bijuges, three, trig's; and four quadrig^ey quadriju- Sh V. -ges ; frequently put for the chariot itself, bijuge curriculum^ Suet. Cal. 19. quadrijugus currus^ Virg. G. iii. 18. but Curriculum is oftener put for cursus, the race, Cic, Rabir. 10- Mircell. 2- Horat. od- i. 1. 3. We also read of a chariot drawn by six horses, joined to- gether a-breast, {ab Augusto sejuges, sicut et elephantiy Plin, xxxiv. 5« s. 10.) for so the Romans always yoked their horses in their race chariots. Nero once drove a chariot at the Olympic games, drawn by ten horses, {aurigavit decemjugemy sc. currumj ^ Suet. N. 24. See also Aug. 94. Those who drove chariots in the circus at Rome, with whatever number of horses, were called QUADRIGA- RII, Suet" Ner. 16. from the quadriga" being most frequent- lyused; hence Factiones qvABRiGARioRuM, Festus. Those who rode two horses joined together, leaping quickly from the one to the other, were called DESUL.^ TORES ; hence desultor v. desertor amoris, inconstant, Ovid. Am. i. 3. 15. and the horses themselves, Desulto- Rii, Liv. xliv. 9. Suet. Cas. 39= sometimes successfully used in war, Liv xxiii- 29. 604 ROMAN ANTIQUITIES. The vehicles used in races were called CURRUS, or curricula^ chariots, a currendo^ from their velocity, having only two wheels, by whatever number of horses they were drawn : so those used in war by different nations ; of which some were armed with scythes, {currusfalcati^falcata qua- drig:^. Firg- G- iii. 204. the driver, or rather one who fought from it, Es- sedarius, Cic. Fam. vii. 6. C and tardi vel pigri^ because from their vicinity to the pole, they appear to move slow, Ntque sc quoquarn in ccelo rommovent, Plaut. Amph. i. 1. 117- The Ursa Major is attended by the constellation BOOTES q. bubiilcus, the ox-driver, Cic. JV. D. ii. 42. said to be retarded by the slowness of his wains, Ovid. Met. ;i. 177' named also Arctophylax, q. nrs<^ cw5?05, Manil. i, 316. Custos Erymantkidos Urscs^ Ovid^ Trist. i. iii. 103- into which constellation Areas, the son of Callisto by Jupi- ter, was changed, and thus joined with his mother, Ovid. Met' ii. 506- viii. 206. A star in it of the first magnitude was called ARCTURUS, (\.ce.^yiTov ov^x,urs(Scauda; Stella POST CAUDAM urs^majoris, Serv. in F2rg. jEn.'i. 74^4, iii. 516. G. i. 204. said to be the same with Bootes, Id. G. i. 67. as its name properly implies, u^^th iv^og, ursa ciistos" Around the pole, moved the dragon, {draco v. unguis ; gc-^ minas qui separat Arctos, Ovid Met. ii. 45-) approaching the ursa major with its tail, and surrounding the ursa minor with its body, Firg- G- i. 244. The principal parts of a carriage were, 1. The wheels, (ROT/E), the body of the carriage, (CAPSUM, us, v. -a, Ploxemum, v. -z^5, Festus), and draught-tree, TEMO ; to which the animals \vhich drew it were yoked. The wheels consisted of the axle-tree, (AXIS J, a round beam, {lignum, v. stipes teres), on which the wheel turns ; the nave, {modiolus), in which the axle moves, and the spokes {radii) are fixed ; the circumference of the wheel, {peripheria, v. rota summce curvatura, Ovixl. Met. ii. lOSj^ composed of fellies, {apsides, in which the spokes are fas- tened, commonly surrounded with an iron or brass ring, '.oanthus), Quinctil. i. 5. 8. Pers- v. 71. Virg.JEn. v- 274- A wheel without spokes, Knon radfata,) w?s called TYM- 608 tlOMAN ANTIQUITIES, PANUM, from its resemblance to the end of a drum. It was made of solid boards, {.tabiiU)^ fixed to a square piece of wood, as an axis^ without a nave, and strengthened by cross-bars, (transversis asseribus\ with an iron ring around, {ferreus canthiu) ; so that the whole turned together on the extremities of the axis, called Carbines, Probus in Virg' G I- 163. Such wheels were chiefly used in rustic wains, Ibid, ts? G. ii. 444- as they still are in Great Britain, and called TUMBLERS. Tympanum is also put for a large wheel, moved by horses or men, for raising weights from a ship, or tb.e like, by means of pullies, {trochle«), ropes, and hooks, a kind of a crane, {toUeno, grus, v-v/^avas), Liicret. iv. 903. or for drawing water, (machina haustoria^^ Vitruv. x« 9. Ciirva ANTLiA, Mart. ix. 19. Ancla v. Antha, Suet- Tib' 51- {c^vTX-^^»^Johi vi, 11.) Haustum, v. rota aquaria^ sometimes turned by the force of water, Lucret, v. 317. The water was raised through a siphon, isipho v. ow, fistula^ V. canalis, by the force of a sucker, {embolus v. -um)^ as in a pump, or by means of buckets, {modioli v. hams), Juvenal* :xiv. 305. Water-engines were als6 used to extinguish fires, Plin- ep- x. 42. From the supposed diurnal rotation of the heavenly bo- dies, AXIS is put for the line around which they were thought to turn, Cic-deUmv. 10. Vitruv. ix. 2. and the ends of the axis-, Carbines, vertices, vel poli, for the north and south poles, Cic- A''- D- ii. 41. Virg- G. i. 242. Plin. lu 15. Axis and Polus are sometimes put for ccelum or kthen thus, sub (Athens axe, i. e- sub dio vel aere, Virg. JE^n. i'u 512. viii. 28. lucidus polus, iii. 585. Cardines mundi quatuor, the four cardinal points; Septentrio, the north ; Me^ RiciEs, the south; Oriens, sc. sol^ \t\ ortus solis, the east ; OcciDENs, v. occasus soils, the west ; Quincfil. xii. 10. 67. cardo Sous, the east, Stat. Theb- i- 157. occiduus, v. Hesperius, the west, Lucan. iv- 672- v. 71. In the north Jupiter was supposed to reside ; hence it is called Domici- iiUM Jo VIS, Serv. in Virg. jSn. ii. 693- Sedes deorum» J^estus in Sinistr/e aves ; and as some think, porta coELi, Virg. G. iii. 261. thus, Tempestas a vertice, for a septentrione, lb- ii. 310- The animals usually yoked in carriages, were horses, oxen, Carriages. 609 asses, and mules, sometimes camels. Suet. Ner* 11. Pl'tn. viii. 18. elephants. Curt. vili. 9. Plin. viii. 2. Suet. CI. 11. Senec. de Ir- ii. 31. and even lions, Fhri' viii. 16. tigers, leo- pards, and bears. Martial- i. 105. dogs, Lumprid- Heliog. 28. goats and deer, Afart. i- 52. also men, Piin. xxxiii. 3. Lucan. X. 276. and women, Lamprid. ih. 29. Animals were joined to a carriage, (vehiculov. advehicji- lumjuni^ebantur, Virg. yEn. vii- 724. Cic. Att. vi. !• Suet* Cass- 31.) by what was called JUGUM, a yoke; usually made of wood, but sometimes also of metal, Ilorat. od- iii* 9. 18. Jerem. xxviii. 13. placed upon the reck, one yoke commonly upon two ; of a crooked form, Ovid- Fast' iv\ 216. with a btnd r^ for the neck of each : Hence sub jUGO, cngere, v. jungere ; colla v. cervices ju go subji-' cere., subdere., sub mitt ere., v. supponere, i^" eripere : Jugum subire, cerviceferre.,detr€ctare,exu€re., a cervicibusdejicere, excutere^ ^c. The yoke was tied to the necks of the animals, and to the pole or team with leathern thongs, {iora Subjugia), Cato 63- Fitruv. x- 8. When one pair of horses was not sufficient to draw a car- riage, another pair was added in a straight line, before, and yoked in die same manner. If only a third horse was added, he was bound with nothing but ropes, without any yoke* When more horses than two werejomed a-breast, {tequa-^ tafronte)., a custom which is said to have been introduced by one Clisthenes of Sicyon, two horses only were yoked to the carriage, called Jug ales, jugarii^v. jugesy i^vyia^^ Festus., and the others were bound iappensi vel adjuncti^ on each side with ropes ; heficc called FUNALES EQUI, Suet. Tib. 6. Stat. Theb. vi. 461. i<^u^x(pi^oi, rei^xiot, y. -kx, efl^foOi lyionys. vii. 73. Isidor. xvii. :^5. Zonar. Ann. ii- or FuNES, Auson. epitaph xxxv. 10- in a chariot of four, (m quadrigisJ, the horse on the right, dexter, v. primus ; on the left, SINISTER, Uvus v. secundus. Id. This method of yoking horses was chiefly used in the Circensian games, or in a triumph. The mstrumentshy whichanimals were driven or excited, were, — 1. The lash or whip, Flagrum, \- FLAGELLUM, C«»5^-'l), made of leathern-thongs, (SrxrxicA, ions horridis^ 4 K 6i0 ROMAN ANTIQUITIES. '^x.vTAXn^ Martial, x. 62). or twisted cords, tied to the end of a stick, sometimes sharpened iaculeati) with small bits of iron or lead at the end, (Horribile flagellum, Horat, sat' I. 3. 117.) and divided into several lashes, (?^m^ w hra), called SCORPIONS, 1 Xings xii. 11. — 2. A rod, (VIRGA, Juvenal' iii. 317. Lucan. iv. 683)^ or goad (STIMULUS, i. e- pertica citin cuspide acuta) a pole, or long stick, with a sharp point ; hence stimulos alicui adhibere, admovere^ addere^ adjicere ; stimulisfodere^ inci- tare, &.c. Adversus stimulum calces., sc. jactare^ to kick iigainst the goad, 7^(?r. PAorw2. i. 2. 28. 'r?*? xevr^* A*xT/^f^ m stimulos calcitrare^ Acts ix. 5. - — And 3. A spur, (C ALC AR,) quod calci equitis allige- tur }f errata calcecunctantemimpellebatequum^ Sil* vii. 696- j used only -by riders : hence equo calcaria addere, suhdere. ^C' Alter fren'is egei, alter calcarihus-, said by Isocrates of Ephorus and Theopompus, Cic, Att. vi. 1. Orat. iii. 9. The instruments used for restraining and managing horses, were,— 1. The bit or bridle, (FR.f:NUM, pi. -f, v. -a), said to have been invented by the Lapithe, a people of Thessaly, Virg. G. iii. 115- or by one Pelethronius, Plin- vii. 56' the part which went round the ears was called Au- HEA ; that which was put in the mouth, properly the iron or bit. Ore A, Festus ; sometimes made unequal.and rough, like a wolf's teeth, particularly when the horse was head- strong, (tenax), Liv. xxxix. 5- Ovid. Am. iii- 4* 13- {du- rior oris equus), lb- ii. 9. 30- hence/rena Lupata, Horat^ od. i. 8. 6. Virg. G. iii. 208. Ovid- Am- i- 2. 15. or Lupi, Id* Trist. iv. 6« 4. Stat. Achili. i. 281. Frena injicere, con- cutere, eccipere, mandere, detra/fere, laxare, ^c. Fr^enunz mordere, to be impatient under restraint or subjection, Cic, Fam. xi. 23>. but in Martial, i- 105- ^ Stat. Sylv- i. 2. 28. to bear tamely. The bit was sometimes made of gold, as the collars, (wc?- nijid), which hung from the horses' neck ; and the cover- ings for their backs {strata} were adorned with gold and puri^le, Firg. jEh- vii. 279. — 2- The reigns, (HABEN.E, vel Lora) ; hence habe- nas corripere, Jiectere, v. moliri^ to manage ; dare, immit-' tere, effuiidere, la^are.permittere, to let out ; adducc.re, to* draw in, and supprimere, Ovid' Am. i. 13. lO- i Carriages. 611 To certain animals, a head-stall or muzzle, (Capis- irum), was applied, Hrg. G. iii. 188. sometimes with iron spikes fixed to it, as to calves or the like, when weaned, 76. 399. or with a covering for the mouth, (fiscelUiJ ; hence (fiscellis capistrare boves^ to muzzle, Plin, xviii. 19. ^^z/u-Cv, Deut. XXV. iv. 'o^ ccnisuere^ Senec. cp. 47. But Capistrtmi is also put for any rope or cord ; hence vit€i7i capistro con- stringerc^ to bind, Columel. iv. 20. Jumenta capistrare y to tie wfth a haher, or fasten to the stall. Id. \'v 19. The person who directed a chariot and the liorses, was called AURIGA (»jko;k««, qui lora tenebat) ; or agitator^ (JxoLrii<;^) the charioteer or driver, Ovid- Met. ii- 327- Cic. Att. xiii. 21. Acad, iv. 29. also Moderator, Ijucan. viii. 199. But these names are applied chiefly to those who con • tended in the Circus, Suet- Cal 54. A'er- xxii. 24- Plin. ep.. ix- 6. or directed chariots in war, Virg. and ahvaj'-s stood upright in their chariots, {insistebant curribus), Plin. ep. i\- 6. Hence auric are {or cu?'rimi regere ; and Auric art- us, a person who kept chariots for running in the circus. Suet- lb. Auriga is the name of a constellation, in which are two stars, called H/Edi, the kids ; above the horns of Taurus^ Serv. in Virg. iEn- ix. 668' On the head of Taurus are the {Hyadesy {ab •'f'*, pluere)^ or SucnU^ ("a suibus), Cic- No D.ii. 43. Plin. ii. 39. Gell. xiii. 9. called Pluvi nempc, Falatinus, Quirinalis, Avendnusi C^liuSf Or THE CiTv. G13 Fimiftalis, Bxqui/imis, ct Janiciilaris) ; hence called Mrbs SEPTICOLLIS; or Septemgemin a, Stat- Si/v- i. 2- 191- iv- 1. 6- by the Greeks, fTrraAoc^a?, Serv- in ALn- vi. 784- G ii. 535- and a festival was cekbraiedin December called Septimontium, /V^f/zj, Smt- Dom 4- to commemorate the addition (jf the 7th hill, Plutarch, q. Rom. 68. The Jamciilum seems to be improperly ranked by Servius among the seven hills of Rome ; because, though built on, and fortified by Ancus, Liv- i- 33- it docs not appear to have been included within the city. Id. ii. 10. 51- Dio. 37. GelL XV. 27. although the contrary is asserted by several authors, JEutrop' i. 5- The Colhs Capitolifius, vel Tarpeiusj which Servius omits, ought to have been put instead of it The Jamculum, Collis Hortulorum^ and Vaticaniis were af- terwards added. 1. Mons PALATINUS, vel PAJ.ATIUM, the Pala- tine mount, on which alone Romulus built, Liv. \. 5. Here Augustus had his house, and the succeeding emperors ; as Romulus had before : Hence the emperor's house was called PALATIUM, a palace, Suft. 72. Dio- liii- 16. Domus Palatin A, Suet. CI- 17. Fesp- 25 D- 15. and in later times, those who attended the Emperor, were called Pa- latini. 2. CAPITOLINUS ; so called from the Capitol built on it, formerly named Saturnius, from Saturn's having dwelt there, Justin, xliii. 1. Firg. ibid and TARPEIUS. from Tarpeia, who betrayed the citadel to the Sabines, Liv. i. 11. Dionr/s. ii- 38. to whom that mount was assigned to dwell in, Liv- i. 33. 3. AVENTINUS, the most extensive of all the hills, Dionys- iv. 26. named from an Alban king of that name, who was buried on it, Liv- i. 3. the place which Remus chose to take the omens, Tb. 6. therefore said not to have been included withm the Pomerium, QtfA\. xiii. 14- Senec- de brev. vitre, 14. till the time of Claudius, Ibid. But others say, it was joined to the city by Ancus, Liv- i. 33- Dionys- m. 43. called also Collis IMurcius, from Murcia, the god- dess of sleep, who had a chapel isacellum) on it, Festus : Collis Di an«, from a temple of Diana, Stat. S'lv* ii. 3- 32. and Remonius, from Remus, who wished the city to be founded there. 614 ROMAN AN'J'IQUITIES. 4. QUIRINALIS, is supposed to have been named from a templ^e of Romulus, called also Quirinus^ which stood on it, Horat. ep. ii. 268. Ovid- Fast' iv. 375. or from the Sabines, who came from Cures, and dwelt there, Fes- tus ; added to the city by Servius, Liv- i- 44- called in later times, Mons Cahalli^ or Caballinus, from two marble horses placed there. 5. CiELIUS, named from C^LES Fibenna^ a Tuscan leader who came to ihe assistance of the Romans against the Sabines, with a body of men, and got this mount to dwell on, Farr. L. L- iv. 8. added to the city by Romulus, ac- cording to Dionys- ii- 50- by Tullus Hostilius, according to Liv. i. 30- by Ancus Martins, according to Strabo, v« p, 234. by Tarquinius Priscus, according to Tacit. Ann. iv. 65' anciently called QuERq^uExuLANUs, from the oaks which grew on it, Ibid, in the time of Tiberius, ordered to be called Augustus, Tacit- Ann. iv* 64. Suet- Tib. 48. afterwards named Lateranus, where the Popes long re- sided, before they removed to the Vatican. 6. VIMINALIS, named from thickets of osiers which grew there, iviminetaj^ Varr. ibid- Juvenal, iii. 71- or Fa- gutalis, (fromy«^z, beeches,) Plm. xvi. 10. added to the city by Servius TuUius, Liv. i. 44- 7. EXQUILINUS, Exquilit, vel Esquilia^ supposed to be named from thickets of oaks, {(Csculeta^) which grew on it, Farro L. L- iv. 8- or from watches kept there {excu- hi<£)^ Ov- Fast* iii. 246. added to the city by Servius TuUius, Liv. i. 44. JANICULUM, named from Janus, who is said to have first built on it, Firg. Mn. viii. 358. Ovid. Fast, i- 246- the most favourable place for taking a view of the city. Martial iv. 64. vii. 16- From its sparkling sands, it had the name oi Mons Aureus^ and by corruption, Montorius. V ATICANUS, so called, because tlie Romans got pos- session of it, by expelling the Tuscans, according to the counsel of soothsayers, (vates)^ Festus ; or from the pre- dictions uttered there, Gell. xvi. 17. adjoining to the Jani- culumy on the north side of the Tiber, Horat. od. i. 20. dis- liked by the ancients, on account of its bad air, (infamts aer, Frontin) Tacit hist. ii. 93. noted for producing bad wine^^ Of the City. 615 jfiart. vi. 92. xii 48. 14. now the principal place in Rome, where are the Pope's palace, called St. Angeloy the Vatican library, one of the finest in the world, and St» Feter^s cfiurch. COLLIS HORTULORUM, so called, from its being originally covered with gardens, Suet' Ner- 50. taken into the city by Anrelian ; afterwards called Pincius, from the Plnc'iU a noble family who had their seat there. The gates of Rome at the de-th of Romulus, were three, or at most four : in the time of Pliny thirty-seven, when the circumference of the walls was thirteen miles, 200 paces ; it was divided by Augustus into fourteen regiones^ wards or quarters, Piin, iii. 5. s. 9. The principal gates were, — 1. Porta FLAMINIA, through which the Flaminian road passed ; called also Flu- ?,r E N T A N A , because it lay near the Tiber — 2' COLLINA ,(c coUibus Quirinaii et FimiJiali), called also QUIRINALIS, Agonensis vel sal aria, Festus, Liv. v- 41. Tacit, Hist. iii. 82. To this gate Hannibal rode up, Liv- xxvi. 10. and tlirew a spear within the city, Piin, xxxiv. 6. s. 15. Cic. fin, iv. 9.-3. VIMINALIS.— 4. ESQUILINA, ancient. ly Matia, Labicana, vel Lavicana^ without which criminals were punished, Plant. C^a. ii. 6. 2. Horat. epo& v. 99- 7a- cit- Ann. ii. 32. — 5- N-.EV1A, so called from one jYavius, who possessed the groimds near it, Varr, L' L. iv. 34 ; — 6o C ARMENTALIS, through which the Fahii went, Liv- ii. 49. from their fate called Scelerata, Festus. — 7. Ca- tena, through which the road to Capua passed ; — 8. Tri- umph a lis, through which those who triumphed entered, C7C. Pis' 23. Suet' -^uS- 101- but authors arc not agreed where it stood. Between the Porta Fiminalis and Esquillna, without the wall, is supposed to have been the camp of the PR/ETORL AN cohorts, or mllites Pr/Etoriani, a body of troops in- stituted by Augustus to guard his i)erson, and called by that name, in imitation of the select band which attended a Ro- man general in battle, seep, 412. composed of nine cohorts. Tacit. Ann. iv. 5. Suet. Aug- 49- according to Dio Cassius, often, Dio.lw 24. consisting each of a thousand men, horse and foot, /6iV/. ^ Snet^ Cal. 45. chosen or.ly from- 616 ROMAN ANTIQUITIES? Italy, chiefly from Etruria and Umbria, or ancient Latiunij Tacit. Ann* iv. 5- Hist. i. 84. Under Vitellius, sixteen Praetorian cohorts were raised, and four to guard the city. Id. Hist. ii. 93. Of these last, Augustus instituted only three, Id^ Ann- iv. 5. Severus new-modelled the Prsetorian bands, and encreas- ed them to four times the ancient number, Herodian. iii. 44- They were composed of the soldiers draughted from all the legions on the frontier, Dio. Ixxiv. 2. They were finally suppressed by Constantine, and their fortified camp destroy- ed, Aiirel. Victor. Zosim. ii. p. 89' panegt/ric. 9. Those only were allowed to enlarge the city, {ponKcriwn 'profcrre)^ who had extended the limits of the empire- Ta- citus, however, observes, that although several generals had subdued many nations, j^et no one after the kings assumed the right of enlarging the pomxrium, except Sylla and Au- gustus, to the time of Claudius, Ann. xii. 23. But other authors say, this was done by Julius Csesar, Cic. Att. xiii. 20. 33. & 2,5. Dio' xliii. 49^ xliv. 49. Gdl. xiii. 14. The last who did it was Aurelian, Fopisc. in Aurel. 21- Concerning the number of inhabitants in ancient Rome, we can only form conjectures. Lipsius computes them in its most flourishing state at four millions. PUBLIC BUILDINGS or the ROMANS- rpEMPLES. Of these, the- chief were, -■- 1. The CAPITOL, so called, because, when the foundations of it were laid, a human head is said to have been found, (caput Oli \cl Toli cujusdam), Livi. 38. 55. Dionys. iv. 59- Serv. in Virg. JEn. viii. 345. — built on the Tarpeian orCapitoHne mount, by Tarquinius Siiperbus,/!^- and dedicated by Horatius, Liv. ii- 8- ; burnt A. U. 670. rebuilt by Sylla, and dedicated by Q- Catulus, A. 675. again burnt by the soldiers of Vitellius, A. D- 70' Tacit. Hist* iii. 72. and rebuilt by Vespasian. At his death it was burnt a third time, and restored by Domitian, with greater magnificence than ever, Suet. Dom> 5. A few vestiges of it still remain. Capitolium is sometimes put for the mountain on which the temple stood ; as, Liv- 1 10. 33. 38, ii- 8' he. aud Public Buildings- 617 sometimes for the temple itself, Liv. iii. 18. vi. 4' &€• The edifice of the Capitol vv as in the form of a square, extending nearly 200 feet on each side. It contained three temples, {(vdes, templa, cellcc vel deluhrti)^ consecrated to Jupiter, Minerva, and Juno, Dionys- iv. 61. The temple of Jupiter was in the middle, whence he is called Media qui sedet «de Deus, Ovid. Pont- IV- 932. The temple of Minerva was on the riglit, Liv. vi. 4. whence she is said to have obtained the honours next to Jupiter, (Proximus illi (sc. Jovi) ta- men occupavit Pallas honor es<, Horat- od. i. 12« 19.) and the temple of Juno on the left) P. Fictor in descr. Pom. Re- gionis, viii. Livy however places Juno first, iii. 15. So Ovid, Trist. ii. 291. The Capitol was the highest part in the city, and strongly fortified ; hence called ARX, Firg. Mn. viii. 652. (vel ab ARC EC, quod is sit locus munitissimus urbis a quo factlhme possit hostis prohiberiy V^arr. L. L. iv 32. vel ab utpof^ sum* 7nus) ; Capitolium atque arx., Liv. ii. 49. iii. 5- arx Capito- lii, Flor- iii. 21. The ascent to the Capitol from the Fo- rum was by 100 steps. Tacit. Hist- iii- 71. Liv- viii. 6- It was most magnificently adorned ; the very gilding of it is said to have cost 12,000 talents, i, e. L« 1,976,250 sterling, Plutarch' in Poplic- hence called Aurea, Firg- ib- 348, and ruLGENs, Horat. od. iii. 3, 43. The gates were of brass, Liv. X- 23. and the tiles gilt, Plin. xxxiii. 3. The principal temples of other cities were also called by the name of Capitol, Suet. Cal. 47* Sil. xi- 267. Gell. xvi. 13. Plaut: Circ. ii. 2. 19. In the Capitol were likewise the temples of Terminus, Liv' i. 54. see p- 308- of Jupiter Feretrius, Id. iv. 20. j\ep, Att. 20. &c. Casa Romuli^ the cottage of Romulus, covered with straw, Liv. v. S3. Senec- Helv- 9. Fitruv. n- 1. near the Curia Calabra., Macrob. Sat. i. 1. Senec. Contr. i. 6= Ovid. Fast. iii. 183. Near the ascent to the Capitol was the ASYLUM, or sanctuary, Z^zt:;. i. 8. which Romulus gpened, seep- 46. in imitation of the Greeks, Serv. in Firg- Mn. viii. 342. ii, 761. Stat- Theb. xii. 498. Zei;. xxxv. 51, Cic. Ferr- i- 33. Tacit. Ann- iv 14. The PANTHEON, built by Agrippa, son-in-law to 4L 6lb ROMAN antiquities: Augustus, and dedicated to Jupiter Ultor, Fiin. xxxvi, 15. or to Mars and Venus, Dio, liii. 27. or, as its name imports, to all the gods, seep. 343. repaired by Adrian, Spartian- 19» consecrated by Pope Boniface IV. to the Virgin Mary, and All-SaintSy A. D- 607. now called the Rotunda^ from its round figure, said to be 150 feet high, and of about the same breadth. The roof is curiously vaulted, void spaces being left here and there for the greater strength. It has no win- dows, but only an opening in the top for the admission of light, of iibout 25 feet diameter. The walls in the inside are either solid marble or incrusted. The front on the outside was covered with brazen plates gilt, the top with silver plates, but now it is covered with lead. The gate was of brass of extraordinary work and size. They used to as- cend to it by twelve steps, but now they go down as many ; the earth around being so much raised by the demolition of houses. 3. The temple of Apollo built by Augustus on the Pala^ tine hill, SueU Aug' 29. Fell. ii. 81. in which was a public library, Her. ep. i. 3. 17- where authors, particularly poets, used to recite their compositions, Id. Sat i. 10. 38* sitting in full dress, Pers. i* 15* sometimes before select judges, who passed sentence on tlieir comparative merits. The po- ets were then said committi^ to be contrasted or matched. Suet. Aug. 89. Juvenal, vi. 435. as combatants. Suet. Aug, AS. and the reciters, committere opera. Suet- CI. 4. Hence Caligula said of.Seneca, that he only composed Commis- aioNEs, shewy declamations, Suet CI- 53. A particular place is said to have been built for this pur- pose by Hadrian, and consecrated to Minerva, called Ar THEN^UM, Aurel, Fict. — Capitol- in Gordian. 3. Pertmac. 11. Authors used studiously to invite people to hear them recite their works, Dialog' de Orat- 9- who commonly re- ceived them with acclamations, Plin. ep- U" 14. thus, BE- NE, pulchre, belle, euge ; Non Potest melius, Cic- 0- rat. iii. 26. Horat. Art. P- 428 Pers- i. 49. 84- Mart. ii. Soph OS, i. e- sapienter, (5-e4>«5), scite, docte. Mart. i. 4. 7 — 50. 37' — 4. 67. — 77- 9. and sometimes expressed their fondness for the author by kissing him, Martial, u 4' l^-et 77, JL4, Public Buildings, ^ CIS 4. The temple of Diana, built on the A.ventine mount, at the instigation of Servius TuUius, by the Latin States, in conjunction with the Roman people, in imitation of the temple of Diana at Ephcsus, which was built at the joint cxpencc of the Greek. States in Asia, Liv i. 45. 5. The temple of Janus, built by Niima, (index belli et pacts) with two brazen gates, one on each side, to be open in war, and shut in time of peace, Liv. i- 19. Veil- ii. 38. Plin. 34. 7. Serv- in Virg. i. 294. vii. 607- shut only once during the republic, at the end of the first Pnnic war, A. U. 529* Ibid, thrice by Augustus, [Janum Quirinum^ i* e. Templum Jani belli potentis, ter clausit^ Suet. Aug. 22. Janum Quirini, Hot. od. iv. 15' 9) first after the battle of Actium, and the death of Antony and Cleopatra, A. U, 725. Dio. li. 20. a second time after the Cantabrian war, A. 729. Dio. liii- 26. About the third time, authors are not agreed. Some suppose this temple to have been built by Romulus, and only enlarged by Numa ; hence they take Janus Quirini for the temple of Janus, built by Romulus, Macrob. Sat. i. 9. A temple was built to Romulus by Papirius, A. U. 45 9^ Jjiv. X. 46. and another by Augustus, Dio. liv. 19. 6. The temples of Saturn. Juno., Mars., Ftnus, Minerva^ Neptune., ^c. of Fortune ^ of which there were many, of Concords Peace., &.c. Augustus built a temple to Mars Ultor in the Forum Au- gusti. Suet. Aug. 29. Ovid- Fast. v. 551 ; Dio says, in the Capitol, liv. 8. by a mistake either of himself or his transcrib- ers* In this temple were suspended military standards, par- ticularly those which the Partliians took from the Romans under Crassus, A. U. 701. Dio, xl 27. and which Pliraates, the Parthian king, afterwards restored to Augustus, Id- liii. 23. together with the captives, Id- liv- 8 Fell- ii- 91. Just- xlil 5- Flor- iv- 12- Eutrop' vii- 5- Suetonius, Aug. 21. and Taci- tus, Annal. ii. I. say that Phraates also gave hostages. — No event in the life of Augustus is more celebrated than this, and on account of nothing did he value himself more than that he had recovered without bloodshed, and by the mere terror ©f his name, so many citizens and warlike sp')ils, lost by tiie misconduct of former commanders- Hence it is extolled by 620 ROMAN ANTIQUITIES. the poets, Horat' od, iv, 15- 6. Ep. i. 18. 56- Ovid. Trist. ii. 227 Fast. vi. 405. Firg. JEn. vii. 606. and the memory of it perpetuated by coins and inscriptions. On a stone, found at Ancyra, now Angouri in Phrygia, (in lapide AncyranoJ , are these words ; Parthos trium exercituum Roma- no rum, (i. e. of the two armies of Crassus, both son, Dio, xl. 21. and father, lb- 24. and of a third army, commanded by Oppius Stati:mus, the Lieutenant of Antony, Id' xlix. 25.) SPOLIA ET SIGNA REMITTERE MIHI, SUPPLICES- qjJE AMICITIAM POPULI ROMANI PETERE COEGI : And on several coins the Parthian is represented on his knees de- livering a military standard to Augustus ; with this inscrip- tion, CiVIB ETSIGN.MILIT-A PaRTHIS RE CEP- Vel RES- TIT. vel. RE CUP. II. Theatres, j^^ p. 386. Amphitheatres, p. 374. and places for exercise or amusement ODEUM, i^ahiay^) from a^^y cano,J a building where mu- sicians and actors rehearsed, or privately exercised them- selves, before appearing on the stage, Cic* Att. iv. 16. Suet' JDom. 5. NYMPHiEUM, a building adorned with statues of the nynjphs, and abounding, as it is thought, with fountains and water-falls, which afforded an agreeable and refreshing cool- ness ; borrowed from the Greeks, Phn. xxxv- 12- s. 43. in- troduced very late at Rome, Capitol. Gord. 32. unless we suppose it the same with the temple of the nymphs, mention- ed bv Cicero, Mil. 21. Arusp. 27. CIRCI. The Circus Maximus, jeep. 365- Circus Plaminius, laid out by one Flaminius ; called also ApoL linaris, from a temple of Apollo near it, Ltv. iii. 54. 63. used not only for the celebration of games, but also for mak- jng harangues to the people, Cic- post red' in Sen. 6- Sext- 14. The Circus Maximus was much frequented by sharp- ers and fortune-tellers, ( sortilegiJ ,'} ugglers, ipnestigiatores) , &c. hence called FALL AX, Horat. Sat. i. 6. 113- Several new Circi were added by the Emperors, Nero, Tacit. Ann. xiv. 14. Caracalla, Heliogabalus, &c- STADIA, places nearly in the form of Circi, for the run- ning of men and horses, Suet, C's, 39, Doni' 5. Hippodro- Public Buildings- 621 MI, places for the running or coursing of horses, Plant, Bacch' iii- 3. 27. also laid out for private use, Martial, xii. 50. especially in country-villas, Flm. ep. v. 6. but here some read Hupodromus^ a shady or covered walk, which indeed seems to be meant ; as Sidon. ep. ii. 2. PALiESTRiE, GYMNASIA, et XYSTI, places for exercising the Athlttx ; see p. 369. & 370. or pancratiast^, who both wrestled and boxed, {qui pancratio certabant^ i. e. omnibus viribus, '»■*» x^xrei')^ Senec. ben. v. 3- GelL iii. 15. xiii. 27- Quinctil. ii. 9. These places were chiefly in the CAMPUS M ARTIUS, a large plain along the Tiber, where the Roman youth per- formed their exercises, anciently belonging to the Tarquins ; hence c^^lled Superei regis ager, Juvenal, v'l. ^23- and after their expulsion, consecrated to Miirs, Uv. ii. 5« oiled by way of eminence, CAMPUS, Horat. od. iii. 1- 10. Cic, Cat. i. 5, Off- i. 29. put for the Comitia held there, Cic. Orat- iii. 42. henceyj^r^ domina campi, Cic. Pis- 2. or for the votes ; hence venalis campus, i* e. suffragia^ Lucan i. 180' Campi JVota, a repulse, Fal- Max. vi. 9. 14. or for any thing in which a person exercises himself ; hence latissi- mus dicendi campus., in quo Hceat oratori vagari libere, a large field for speaking, Cic. Off i- 18- Acad. iv. 35. Campus^ in quo excurrere virtus., cognoscique possit, Cic- Mur. 8- NAUMACHliE, places for exhibiting naval engage- ments, built nearly in the form of a Circus ; vetus, i. e- Naumachia., Circi Maximi., Suet- Tit- 7, Augusti,/g^ 43* Tib- 72. DoMiTiANi, Id. 5- Martial- Spect- 28. These ligjits were exhibited also in the circus and amphitheatre, Ibid' see p- 371. III. CURi/E, buildings where the inhabitants of each Curia met to perform divine service, Varro, de L' L- iv. 32. seep' l-or where the senate assembled, (Senacula); p. 9. IV- FORA, public places Of these the chief was, FORUM RoMANUM, Vetus, vei Magnum, a large ob- long open space between the Capitolme and Palatine hilk, now the ccrw market., where the assemblies of the people were held, where justice was administered, and public bu- siness transacted, see p' 83, 107, 132, &c. institutedby Ro- 6^2 ROMAN ANTIQUITIES. mulus, Dionys- ii« 50- and surrounded with porticos, shops, and buildings by Tarquinius Priscus, Liv- i- 35- These shops were chiefly occupied by bankers, (argentariij ; hence called Argentari^, sc- tahtrne^ LiV" xxvi« 11- VETERES, Plant Cure- iv- 1. 19* hence ratio pecunia- rum, quce in foro versatur^ the state of money matters, Cic- Manil- 1' fidfim de foro toller e^ to destroy public credit, Cic- Rull \' 8 in foro versariy to trade, Id- Flacc' 29. foro cedere, to become bankrupt, Sen- ben- iv* 39. vel in foro eum non habere^ Cic. Kabir. Post- 15. but deforo decedere, not to appear in public, Aep. j4tt. 10. in foro esse^ to be engaged in public business, Id' Cat. 1. vel dare operamforo^ Plaut. Asin. ii. 4. 22, fori tabes^ the r^gt of litigation, Tacit Attn, xi- 6. in alienoforo litigare^ to fol. low a business o^^e does not understand. Martial. pr in porticos. Tacit. Hist' i- 31. There authors recited their works, Juvenal, i- 12. philosophers used to dispute, Cic~ Orat' ii. 20. Fropert. ii. 33.45. particularly the Stoics ; whence their name, (from c-Te« porticusj, because Zeno, the founder of that sect, taught his scholars in a portico at Athens, called Foecile, ^<^i'<-t^Vfvarta^picta\ii(\orned\withva- rious pictures, particularly that of the battle of Marathon, Cic. Mur. 29. Pers nu 52>- jVep. Milt. 6. So Chrysippi porficus, the school of, Ilorat' Sat. ii. 3. 44. see p. 479. Porticos were gcTierally paved, Cpavif?ientat^), Cic. dom. 44. Q-fr. iii. 1. supported on marble j^illars, Sencc. cp- 115. and adorned with statues, Ovid. Fast. v. 5.63. Trist. iii, 1* 9. Fropert. ii.23. 5. Suet, Aug. 31. 624 HOMAN ANTIQUITIES. VI. COLUMNiE, (?^A«<, vel sfAa*), columns or pillafs, properly denote the props or supports, (fulcra) of the rooi of a house, or of the principal beam on which the roof de- pends {columen) ; but this term came to be extended to all props or supports whatever, especially such as are ornamen- tal, and also to those structures which support nothing, un- less perhaps a statue, a globe, or the like. A principal part of architecture consists in a knowledge of the different form, size, and proportions of columns- Columns are variously denominated from the five diffe- rent orders of architecture, Doric ^ Ionic ^ Corinthian^ Tus- can, and Composite^ i. e. composed of the first three. The foot of a column is caWedthe base (basis^ Piin. xxxvi. 23. s. 56.) and is always made one half of the height of the diameter of the column : That part of a column on which it stands, is called its pedestal, {stylobates^ vel -fa, the top, its chapiter or capital, iepisti/liunij caput vel capttulum), and the straight part, its shaft, fscapus). Various pillars were erected at Rome in honour of great men, and to commemorate illustrious actions, Plin. xxxiv. 5. thus, CoLUMNAiENEA, a brazcn pillar, on which a league with the Latins was written, Liv. ii'33. Columna RosTRATA, a columu adorned with figures of ships, in honour of Duilius, in the Forum ; see p. 422* of white mar- ble, Sil. vi. 663. still remaining with its inscription ; another in the Capitol, erected by M- Fulvius, the Consul, in the second Punic war, Liv. xlii- 20. in honour of Caesar, con- sisting of one stone of Numidian marble, near twenty feet high. Suet' Jul. 86. of Galba, Id. G 23. But the most remarkable columns were those of Trajan and Antoninus Pius. Trajan's pillar was erected in the middle of his Forum^ composed of twenty-four great pieces of marble, but so cu- riously cemented, as to seem 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 inside 185 steps for ascending to the top, and for- ty windows for the admission of light. The whole pillar is incrusted with marble, on which are represented the warlike exploits of that Emperor and his Public Buildings. 625 army, particularly in Dacia, On the top was a Colossus of Tr.ij.ui, holding in his left hand a sceptre, and in his right, an hollow globe of gold, in which his ashes were put ; but Eutropius affirms his ashes were deposited under the pillar, viii. 5. The pillar of Antoninus was erected to him by the senate after his death. It is 176 feet high, the steps of ascent 106, the windows 56. The sculpture and other ornaments are much of the same kind with those of Trajan's pillar, but the work greatly inferior. Both these pillars are still standing, and justly reckoned among the most precious remains of antiquity. Popo Six- tusV- instead of the statues of the emperors, caused the sta- tue of St. Peter to be erected on Trajan's pillar, and of Paul on that of Antoninus. The Romans were uncommonly fond of adorning their houses with pillars, Cic. Verr. i. 55. &c. Hnrat- ocl- ii. 18, Juven. vii' 182. and placing statues between them, iin inter' columniisJy Cic- Verr. 1. 19. as in temples, Ov. Trist. iii, 1. 61. A tax seems to have been imposed on pillars, called Co- iUMNARiuM, Cic' Att. xiii. 6. Cees. B. C. iii. 28. s. 32« There was a pillar in the Forum^ called Columna Menia, ijrom C. Mrenius, who having conquered the Antiates, A, U- 417. placed the brazen beaks of their ships on the tribu- nal in the Forum^ from which speeches were made to the people ; hence called ROSTRA ; see p. 83. Plin. xxxiv» 5s. 11. Near this pillar, slaves and thieves, or fraudulent bank- rupts, used to be punished, Cic. Cluent- 13- Hence insig- nificant idle persons, who used to saunter about that place, were called Columnarii, Cic' Fam- viii. 9. as those who loitered about the Rostra and courts of justice were called SuBRosTRANi, Cic- Fam. viii. 1. and Subbasilicarii, Flaut. Capt. IV- 2- ^5. comprehended in the Turbaforen" sis, or plebs urbanay which Cicero often mentions. VII. ARCUS TRIUMPHALES, arches erected in honour of illustrious generals, who had gained signal victo- ries in war, Dio, xlix. 15. li. 19. liv. 8. several of which are still standing. They were at first very simple ; built of brick or hewn stone ; of a semicircular figure ; hence called Foa^ §:^6 ROMAN ANTIQUITIES^ NicES by Cicero, Ferr. i. 7. ii- 63- but afterwards more magnificent, built of the finest marble, and of a square figure, with a large arched gate in the middle, and two small ones on each side, adorned with columns and statues, and vari- ous figures done in sculpture, Juv. x. 136' From the vault of the middle gate, hung little winged im- ages of victory, with crowns in their hands, which, when let down, they put on the victor's head as he passed in tri- umph. This magnificence began under the first emperors ; hence Pliny calls it Novicium inventum, xxxiv, 6. &' 12. VII 1. TROP-ZEA, trophies, were spoils taken from the i:nemy, and fixed upon any thing, as signs or monuments of victory, (a r^o-Kvi^fuga) ; erected (posita vgI statutaj usu- ally in the place where it was gained, and consecrated to some divinity, with an inscription, Firg-,'En. xi. 5. iii- 288. Ovid. Art. Atnor- ii» 744. Tacit. Ann' ii. 22. Curt. vii. 7.. Tiii. 1. used chiefly among the ancient Greeks, who, for a trophy, decorated tlie trunk of a tree with the arms and spoils of the vanquished enemy, Stat. Theb. ii. 707. Jicv* x. 133. Those who erected metal or stone, were held in de- testation by the other states, Cic- de Invent- ii^ 23. nor did they repair a trophy when it decayed, to intimate, that en- mities ought not to be immortal, Plutarch- qucsst^ Jiom-36<^ Diod' Cic. 13, Trophies were not much used by the Romans, who, Flo- rus says, never insulted the vanquished, iii- 2. They called any monuments of a victory by that name, Cic. Arch. 7. Dom. 37. Pis. 38. Plin. paneg, 59. Plin* nai. htst-iVi. 3. s. 4. 20. s. 24- Thus the oak tree, with a cross piece of wood on the top, on which Komulus carried the spoils of Acron, king of the Cseninenses, is called by Plutarch rpon-ttt** ; by Livy, FERCULUM, i. 10. or, as others read the passage, fe- RETRUM, Tropeum is also put by the poets for the victory itself* Horat- od. ii. 19. AVp. Thcmist' 5, or the spoils, Firg. G. iii. 32. It was reckoned unlawful to overturn a trophy, as having been consecrated to the gods of war- Thus Caesar left stand- ing the trophies which Pompey, from a criminal vanity, had erected on the Pyrenean mountains, after his conquest of Sertorius and Perpenna in Spain, Dio. xli. 24. Strab. iii. p. 756' and that of Mithridates over Triaiius near Ziela io Public BuiLDiNct;.^ 627 Fontus, Id. xlii. 48. but reared opposite to them monument*^: of his own victories ; over Afranius and Petreius, in the for ^ mer place, -^nd over Pharnaccs, the son of Mithridates, in the latter, Ihid. The inscription on Cfesar's trophy on the Alps we have, Pirn- iii. 20. s. 24. Drusus erected trophies near the Elbe for his victories over the Germans, Dio, Iv. 1, Flor. iv. 12. 23. Ptolemy places them {.inter Canduam eC JLuppianJ, ii. 11. There are two trunks of marble, decorated like trophiefv still remaining at Rome, which are supposed by some to be those said to have been erected by Marius over Jugurtha, and over the Cimbri and Teutons vel -f,?. Suet. Jul* 11. Val. Max. vi. 9« 14. But this seems not to be ascertained. IX. AQUiEDUCTUS. See p. 480. Some of them brought water to Rome from more than the distance of six- ty miles, through rocks and mountains, and over vallies, Pliri' xxxvi. 15. s- 24. supported on arches, in some places, above 109 feet high, one row being placed above another. The care of them anciently belonged to the Censors and iEdiles ; afterwards certain officers were appointed for that purpose by the Emperors, called Curatores a<^uarum, with 720 men, paid by the public, to keep them in repair, divided into two bodies, (famili«) ; the one called Publi- CA, first instituted by Agrippa, under Augustus, consisting of 260; the other, Familia Caesar is, of 460, instituted by the Emperor Claudius, Frontin. de Aqut^duct' The slaves employed in taking care of the water were called AquARii, Cic. Fam.vm.Q, Aquaria provincia, is supposed to mean the charge of the port ofOstia, CiCo Fat- 5. Mur- 8. A person who examined the height from which water might be brought, was called LIBRATOR, Plin. ep- x. 50. 69- the instrument by which this was done, Aqy aria LiBRA^ Fitruv. viii- 6. henoe loais pan libra cum cequore maris est^ of the same height, Columell. viii. 17. Omnea aqua diversa in urbem libra perveniunty from a different height, Frontin. i. 18. So turres ad libramfact so called, because a young girl pointed out certain veins, which the diggers following, found a great quantity of water, Frontin, but others give a different account of the matter, Plin. xxxi. 3», Cassiodor. vii. epist. 6. made by Agrippa, Dio. liv. 14. as several others were, Suet. Aug. 42- Dio. xlviii. 32. xlix. 14. 42. X. CLOAC/E, (a cluo vel conluo/i. e. purgo, ¥est. & Plin.) sewers, drains, or sinks, for carrying off the filth of the city into the Tiber ; first made by Tarquinius Pris- cus, Ltv. i. 38. extending under the whole city, and di- vided into numerous branches ; the arches which support- ed the streets and buildings were so high and broad, that a wain loaded with h;^y, ivehis, v. -es fxni large onustaJ, might go below, and vessels sail in them, hence Phny calls them operum omnium cictu maximumy suffossis monti- bus, atque urbe pensiliy subterque navigata, xxxvi. 13. So Strab. v. p. 225. There were in the streets, at proper distances, openings for the admission of dirty wa- ter, or any other filth, Horat. Sat* ii. 3- 242. which per- sons were appointed always to remove, and also to keep the Cloaca clean, Plin. ep- x. 41. This was the more easily effected by the declivity of the ground, and the plenty of water with which the city was supplied, Plin* xxxvi* 15. The principal sewer, with which the rest communicated, was called CLOACA MAXImA, the work of Tarquinius Pcblic Buildings. 629 Superbus, Liv. i. 5G. Various cloaca-were afterwards made, Z,iv xxxix* 44. The Cloacx at first were carried through the streets, (per- publicum ductl,' Liv. ix. 29. Eutro'). ii' 4. afterwards continued to Brundusium, Horat. ep. i. 18. 20. Sat. i. 5- Tacit.. Ann. ii- 30- about 35» miles, but by whom is uncertain ; called regina via rum, Stat. Sylv' ii« 2. 11. paved with the hardest flint, so firmly, that in several places it remains entire unto this day, above 2000 years ; so broad, that two carriages might pass one another, commonly however not exceeding fourteen feet. The stones were of different sizes, from one to five feet eve- ry way, but so artfully joined, tliat they appeared but one stone. There were two strata below ; the firs*^ stratum of rough stones cernented with mortar, and the second of gra- vel ; the whole about three feet thick- The roads were so raised as to command a prospect of the adjacent country. On each side there was usually a row of larger stones, calledMARGiNES, a little raised, for foot pas- sengers : hence the roads were said Marginari, Liv. xli^ 27. Sometimes roads were only covered with gravel, (^glarea)^ with a foot-path of stone on each side. Ibid. Augustus erected a gilt pillar in the Forwn, called MIL- LIARIUM AUREUMj-P/frj.iii. 5. Tacit. HisUi- 73, Suet. 6S0 ROMAN ANTIQUITIES. Oth, 6. Dio. liv. 8. where all the military ways terminated, Plut. in Galba^ p» 1064. The miles however were reckon- ed not from it, but from the gates of the city, 1. 154. D- de V. S, along all the roads, to the limits of the empire, and mwked on stones ; hence LAPIS is put for a mile ; thus, ad tertium lapidem, the same with tria millia passuum ab tirbe^ Piin. XV. \d. Liv. xxvi. 10. At smaller distances, there were stones for travellers to rest on, and to assist those who alighted, to mount their horses, Plutarch, in Gracch. See p. 233. The public ways CPUBLICiE VI^), were named ei- ther from the persons who first laid them out, or the places to which they led : thus, VIA APPIA, and near it, Via NUMICIA, which also led to Brundusium' Via AURELIA, along the coast of Etruria ; FLAMI- KIA, to Ariminum and Aquileia ; CASSIA, in the middle between these two, through Etruria to Mutina, Cic. Phil, xii. 9- Cat. ii. 4- iEMlLlA, which led from Ariminum to Placentia, Liv. xxxix. 2. Via PRiENESTlNA, to Pr^neste ; TIBURTINA, vel TIBURS, to Trbur, Horat. Sat. i. 6- 108. OSTIEN- SIS, to Ostia ; Laurentina, to Laurentum, Piin. ep. lu 16. Salaria ; so called, because by it the Sabines carried salt from the sea, Pestus, Martial, iv. 64. 18. Latin a? &c. The principal roads were called PUBLICiE, vel Mili- TAREs, consular esy vel pr^etorie ; as among the Greeks, fix' Cur- iii. LIMITS OF THE EMPIRE. ^■^HE limits which Augustus set to the Roman empire, -■- and in his testament advised his successors not to go beyond, Tacit. Ann. i. U. Dio. Ivi- 33. & 41. were the At- lantic Occim on the west, and the Euphrates on the east ; on the north, the Danube and the Rhine ; and on the south, the cataracts of the Nile, the deserts of Africa and Mount Atlas ; including the whole Mediterranean sea, and the best part of the then known world- So that the Romans were ijot mthout foundation called Re rum dominj. F:rg. Mn^ h 4N o34 ROMAN ANTIQUITIES. 282. and Rome, Lux orbis terrarum, ATq_uE arz OMNIUM GENTIUM, Ctc» Cat. iv. 6. Terrarum dea GENTIUMC^UE Roma, GUI PAR EST NIHIL, ET NIHIL SECUNDUM, Mart. xii. 8. Caput orbis terrarum, LiV' i. 16. xxi- 30 Caput RE rum, Tacit, hist, ii- 32. LiV' L 45. Domina Roma, HoraU od. iv. 14, 44. Princeps ur- bium, / legitirai Actuarii Adflictus Adjmere equiira Adimere claves Ailjudicatio Ad'.nissionales Adoptio Ad pilcum vocare Adrosatio 1§9 188, 562 499, 267 30 511 60 573 53 45 53, 84 Adversaria 284, 555 Advocati 280 Adytura 351 jEfiitui 343 .^lililesplcbeietcurules 153 ;E.lilitii 127 JEneatores 406 JErarium 157 • ■■ facere 137 JEs 536 — rude 535 ■ — grave 537 JLatHTiatio litis 220 Jilas Senatoria i A Paife Agaso 600 Agere cum populo 149 Agercr forum v. conven- tiis 173 Agere actum 268 Agger 402, 428 Agitator 600, 611 Agmen 407 Agnomen 35 Agnati 34, 50 Aijoniilia 359 Aibum 129, 239, 276 senatorium 7 Ala 395, 399 Alae 395, 400, 409, 569 Aiea & -tores 498 Alio die 95 96 Aiiptae 481 Aluta 456 Alvei 430 Amanuensis 562 Arabai-vales 331 Ambitus S7, 229, 236 Ambulacra 479 Amenta 455 Amptheatrura 374 Ami)liora ■ 494, 550 Amphorae 494 AiApliilialio 288 Ampulla 481, 494 Anaguostae 489, 563 Anatocismus 546 Ancliora 438 Ancile 299 Ancipitia muuimenta 4i!6 Angi|)oi'tus 57 Animadvertere 118, I4l, 191 Animadversio censoria 141 Anima 513 Annates 314 Annuli 4€4, 513 Anquisitio 272 Antae 569 Anteambulones 490 Antennae 436 Antepagmentn 567 Antes 596 Antesignani 412 Antestari 242 AnticuiD :c.9 A Pag- Antiquare legem HH) Antlia 435, COS Apophoieta 61 Aplustre 435 Apotheca 563 Api)ai itores 1 8S Appellatio 269 Aquarii C2? Aquaeductus 56, 480 Aquila 412 Aia et altare 351 ' — sepulcliri 52-5- Ar.'itruni 585 AiHtorcs 58a Arbiter 259 — — — bibcndi 49G Arbitrium 514. Arborcs caeduae 596 Arcera COG Archiniimus 520 Arcturus 607 Arcbns Triumphalea 625 Area 592 Area Sc Ager 56 Arena 374 Argentavii 536, 546, 632 Argenlum 539 Aries 428 Arma et tela 39C Armamenta 437 Armaria 565 Armillae 417, 4(a Ai-oroata 482 Anha v. anUabo 252 Arrojiatiu 53 AruiiiJo 571 Aruspices 326 Arvum 58* Arx 617 As 534 Ascripti glebae 48 Asserlor 247 Assessores 132, 173, 276 Asseres 602 Assiduus 582 Asiraea 302 Astrologi 324 Apyluin 46, 617 Assyrobolus 465 Athenaeum 618 Atbletae 303 6S6 LATIN INDEX, Page Atria auctionarla 60 Atriensis 488, 574 Atrium v. aula 569, 572 Attalicae Testes 475, 572 Audio 59 Auctor 249 ^ legis 93 ' seotentiae 17 Auelores juris 201 Auctoraraenturn 372 Auctoritas 60 — — senatus 13, 22 Auditores 203 Augures 317 Aulaeura 388, 475 Aureus 538, 542 Auriga 368, 611 Auspicia 94, 318 Autographus 558 Auxiliares 394 Avena 590 Aventinus mons 613 Axis 608 B Balistae 428 Balneum 481 Barbati 466 Basilica 133, 622 Batillum 591 Batueie os 456 Bellaria 487 Bc-iieficiarii 404 Bibliocheca 565 Biblos 552 Bicliniura 474 Bidental 516 Bigae 603 Bigati nummi 538 Bissextilis 357 Bolis 438 Bombyces 463 Bona vacantia 82 BrftcNia 436, 443 Braccae 445 Buccina 406 Bulla 448 Bule et Buleutae 80 Bustuarii 526 Bustum 524 e Caballus 600 Caducum 228 Caeritura tabulae 137 Caius, & -a 507 -Calamus 554 Calcar 610 Calcei 455 Calendariura 548 Calculi 498 Calculus Minervae 287 Calices 495 Caligae 397, 456 Caloues 403 Calumnia 225, 5^68 Calu m niam jurare 26 5 Caraarae 436 Camini Campestre Campus Martius Candidati Canes v, -iculae Cantherium Capillamentum Capistrum Capitalia Judicia Capite censi Capitolium Capsaet -ai'ius Capulus, & -aris Caput porcinuia Caput extorura V. sors Cardinales venti Career Carceres Cardines Carnifex Carpeutum Carruca Carrus Castella Castra raovere . JEstiva Fage 574 369, 450 621 91, 157 497 597, 600 468 611 270 88, 105 616 558 518 414 348 545 599 290 366 598, 608 192 604 605 606 Hyberna stativa Catapultae Caupones, & -nae Causa sontica Causae conjectio Causarii Cavea Cave can em Celeres Cenolaphium Ceiisere Censi Census — — — seuatorius capitis 40G 401 ib. ib. 428 631 272 265 392 375, 388 568 28, 115 512, 532 14, 16, 138 237 85 6 76 Centumviri 159, 260 Centuriae 85, 582 Centuriones 398 Cera prima et extrema 63 Cerasus Cerberus Ceres Ceroraa Cervi & Cippi Charonitae Charta Augusta, Clau dia, &c. Chirothecae Chirodotae ChirographHS Chlamys Choi'us Ghoragus Cicatrix Cinctus GabinUs Cingulum Ciuiflones Cipphua 584 309 295 369 427 44 553 457 450 557 400 383 ib. 597 78 451 459 523, 528 Circcnae Circi (3ircutiorcs Circumserii)tio 04 Page Gentes 34 Gentiles 34, 50 Gestatio 479 Gladius et hasia 132 Globus vel orbis 415 Glutinatores 562 Gradus militaris 407 Graphium 554 Giatiae 298 Greges et armentadist. S93 Gubernaculura 435 Gubernator 440 Gustatio 485 Guttus 481 Gymnasium 369, 621 Gynaeceum 574 Gypsatus 38 Habenae 610 llabe tibi tuas res 511 Haedi 611 Haeredes ascendeutes, &e. 66 riaeredium 582 Ilaeres ex asse, semissc,&c. 67 Harpagonis 444 llarpastum • 478 Hai'uspices,& -inae S26, 348 llastati 395 Helciaiii 441 Heliocarainus 575 Helix 442 Herciscere familiam 62 Hermae 3»0 Hetaeriae 216 Hesaphorum 518 Hescres 432 Histriones 079 Holocaustum 347 Honorarium 174, 195 Houorati 131 Hordeura 589 Horreum 592 Horti 580 Hospitium 4'84 Hostes 48 Hyadcs 61 1 Hybridae 503 Hypogaca 532 Hypodidasculus 558 Idus 555 Igniobiles 5i Iguomiiua 291 Ilicet 528 Impluvium 574 Iraperator 24,111, 175,182, 415 Imperium 84, 112, 176 Inducere seHalusconsnltura 16, 25 loauguratio 54, 319, &c. Inaures 461 Inceudiatij JJS Incestus 504. Incilia 584 Inciti 498 lucudi reddere versus 555 Indietio 76 Indigetes SOB Inducere nomen 63 Indusium 453 Infames 7,256 Interiae 529 Infulae 331 Ingenui 37 Injuriae 257 Inoculatio ib In ^"ocincta 6-3 Iquilinus 57, 250 Insitio 595 Insulae 57, 566 Instita 446 Institorcs 62S Instiiuta 240 Intestabiles 283 Intercessio tribunorum 13, 96, 147 Interpretes 92 Inteirex prodel)atur90,109 Interregnum 115 Interdict a 1?2 Iselastici ludi 370 Iter 50 Janiculum 614 Jani templum 619 Janitor 567 Janua «'5. Janus 302 Jentaculum 471 Judex quaestiowis 275 Juriicem ferre 262 Judices 133, 250, 275 — i . Pedanei 264 Judicera ferre ei 362 ejerare ib- Judiciae 241 Jugerum 549, 586 Jugum 57S, 585, 597, C09 Jumentuui 242 Jxmiores 86 Jurare in leges 11 4, 206 Jurece.ssio 58 Jurisdictio 2il Jurati homines 281 .lusjni-andum 264 Jus JElianum, Flavianum, &c. 200 — applicationis 82 — census 68 — civitatis 47 — honorarium 131 — honorum 70 — imaginum 33 — Italicura 74 — Latii 72 — militiae 68 — Quiritium 48 — relationisprioaae, &C.14 --- sacrorum :t LATIN INDEX. Page -"^ifiragii 47, 70 • — tributorum 68 — tniirn lil)croiiim 227 .»U9 J< Lex, &CC. 194 .Tusta fuiitbria 51 G .fustiiium 5;^0 Justus cquUutus ;>95 K. K.aleii(lae S55 bL&k-iuliU'cs fitsU 313 L Laceni:* 453 Lacus 49'2 Laena 4S4 Laaa 570 Lanista 37*2 Lapsus rotai-urn 442 Laqucaria 678 l,ares 305, 500, 522 Larvae 523 I.atafundia 594 Laliiiitas 7'2 Latus tlavus 7, 452 Laudasio 285, 521 Laureatae foi'cs 5CS Lauturuiae 290 Leeticae 518, COl Lectistcrniurai 346 Lectus 474 ■I ■■ i fanehris 515 Lcgati 171, 400 Caesaris 177 Legatio libera 22, 171, 213 Lege agere 242 Leges Ciiriatae 167 •^ — duodecim tabularum, 1G8, 193, 199 ■ I Regiae 1G7 Tabellariae 99 Legem ftiTf, kc. 9S, 101 Legiones 1 Legitirui liberi Leguleius Lex aiinalis -*- CuriatH — Regia Libatae dapes Ljbatio Libelli Imperatoris ^, 238 559 Libellus Liber Liberalia Liberi Libtrti et Libertini Libitiiiarii Libra Libraria et -um Librai'ius Librator Libripcns Liceri Licitator Licia X^ tores J 300, 395 503 24-i 113 84 27 483 347 27a 552 360 37 6,37 514 534 563 558, 502 627 52 251 ib. 571 H5, 190 585 •V55 555 593 234, 2.'6 570 Ligo I'igalac Liiiiae labor Limitcs — agrorum Liiiteoncs Liniun 590 Lira 586 l.irai-e ib, Litave 529 Litera tristis 286 Litcra salulaiiT ib. Literae fWJO Litigatorcs 244 Liluus 321, 406 Litis contestatio 263 Lixae 403 Locuples 582 Lodi.v 474 Lorica 397 Luccres 28, 103 Liictus 530 Liigubria sumere 531 Ludi Circerises 365 ->— sceuici 379 seculares 365 — — stati ib. Ludns Trojae 37(t Luiia 304 Luperci 336 Lustmm 7, 88 . eondere 88^ 142 :M 3Iace'.lum 623 Macrocolla 553 Maeniauum SGO Magister collegii 3'J9 <— equitum 1C6 — ^ societatis 29 Magistratus 111 Magistatis crimen 134, 174, 2£54 Malleoli Malus Manceps Mancipatio Manctpia jMaiicipi res Mandata Manes Mangones Manipulus Matislo Manuleatus Manumissio Maniim conserere Maims injcutio Mappa ct mantile Marga Margaritae Marginari Maritare oi'dines Marsiipium. Mastigia Matroiiac Mausolcmn 5Q5 436 55,69 58 38 55 238 52-2, 526 38 305 401, 631 451 44 247 245 477 58t 56, 461 C29 227 451 40 602 531 639 Pa IVIedimnus 5gc Medicare fuco 570 ^lediiistinus 40 Mumbruiia 555 Mi.nsae 475 Mepbitis 30S Mcrc'jnai'ii 'iO Mcranda 471 Metao 366 Metatores 401 Metropolis ICI Militares tribuni 10^ MiliariuDi 549 ■ — aureuin 629 Mimiis 385 Mina 5+0 Ministri 343, 48S Mermillones 375 Alissio honcsta igaoniinioso, &C Missus jMicare digitis Mitrae Mittcrt mappam Moriius Mon»ta Moiiilia Monopodium Morbis comitialis Mors Movere e senatu e tribu Mulcta Muli Maiiani Mulio Mulsum 425 ib, 3GS 499 460 36& 438 540 461 476 96 £91,304 137 ib. 290 601 611: 485 Multaiitium argeiitum 155 45 S 371 47, 7r 371 301 564 493 ^fundusinuliebris Murierarius Mutiicipia Munus gladiatorium Musae Museura Mustum N Naenia Sift Nardum 482 Nauclerus 440' Nauraachia 371, 621 Nautae 439 Navales socii ib: Navis inagister 25* i exercitor ai- Navicularium facere 440 Navalia 4S9, 443 Naves sutiles 431 actuarjae 433 caudicariae 4:31 Liburnae, &c. 43S loiigae etonerariae43'2 tectae Navarclii Nexi Nobiles k Novi Nonicn Nomc.nchtor 436 440 49, 228 3.> 41 »2 640 LATIN INDEX. Page Nomina facere 547 Nonae 355 Notari 188, 557, 562 Notae 188, '200 2!ifovae tabulae 50 !Novalis, V. -e 5S7 IKovellae 240 ?Joveu(liale 5'29 Nubere 505 JJuces spargere 509 Nnbilariuin 592 Nunimus 537 Nummulani 546 Nuntiatio 95 Nuiicupatio testamenti 62 ^fundinae 91, 217, 356 Nnptiae 499, 502 Nymphae 298 Kymphaeum 620 O Obaerati 49 Obnunciare 95 Obolus 515, 540 Obrnssa 539 Obsirigilla 456 Ocreae 397 Octophoros 602 Odeum 620 Officium 121, 507 CEnopolium 491 Officina 563 Onus militum 407 Opera una, &c. 587 Opistographus 556 Optimates 34 Optiones 399 Oraculum 324 Oram solvere 438 Orcliestra 8, 389 Orcini senatores 44 Ordines remorum 432 Oscines 95, 320 Ostia 443 Ostiarius 567 Ostracismus 285 Ova 367 Ovatio 422 Ovile 99 Paedagogi Pagani Patangae Palestrae Palatium Palea Pales Palilia Palmus Palimsestos Palla Palladium 40, 558 71,79 442 370, 621 C13 593 308 1,361 548 555 446 294 Paludanieutiim 400 Palus, V. -aria 406, 478 Palarcvites 596 PaiKJratiastae 021 Pajidectao 239 Page Pantheon 343, 577, 6l7 PantOiuimi 384 Papyrus 552 I'arasanga 549 Parapherna 50 i Parasemoa 534 Parentalia 529 Parricidae 212, 293 Partes navis 436 Partiai'ii 582 Passus • 549 Patibulum 193 Patres njinonim et niajo- rum gentium 2 — — Conseripti 3 Patricli 2 Patrimi & niatrimi 500 Patroni 33, 280 Pausariiis 441 Pavimeiila 578 Peeuarius 69 Pcc1.cn 571 Peciilatus 174 Peculium 42, 51 Pecunia 535 Pedanei judices 264 Pedari! senatores 17 Pedes velorum 435 Pegmata 376 Penates 305 Pentathlum 369 Peniila 454 Perduellio 89 Peregiini 48, 81 Pergameiia 553 Perisce'.is 455 Perones 455 Per aes et libram 52, 62 Peremptoriura edietum 131 Pes 549 Petasus 458 Petauristao, 385 Petitor 242 Petorriluni 605 Pharos 443 Pila 478 Pilani 395 Pileiitura 604 Pileus 458 Pinatheca 573 Pistfinum 41 Pktacia 494 Plagiarii 214 Plaustrura 606 PInusus 386 Plebiscita i06, 193 Plebs 31 Pleiades 61 1 Plutei 429 PorculeU 598 Pocula 494 Podium 375 Pocnae militares 4 ;'3 Polliceni premereet vcri"' re 378 Pellifictores 514 w Pags Pomaeriura 78i 616 Pomona 308 Pondo 543 Pontes 99, 225, 63i Pontifex Maximus 311 PontiSces 310 Popae 343, 347 Poppaeanum 460 Populares 34 Popnli Fundi 73 Populiscila 193 Porea 586 Porta ■ 78 Portac castroram ^03 — -»- Romae 615 Povticus 479, 62.3 Portisculus 441 Portitor 69, 309 Portorium id. I'ortus 443 Posca 425 Postieum 569 Postliminium 72 Postulationes 241 Potestas 84, 112 Potitii et Pinarii 337 I'raefectus annonae ! 161 _ -,^ , 62s Celerum 115 — — i blassis 162 ' . ■ — raorum 143 160 ' ' ' vigilum 162 . Urbi, &c, 159 Praeceptor 55S Praecinctus 451 Praec»nes 189 Praedes 69, -71 Praedia libera, &c. 55 — — — urbana ib. ^ ,,, „^„„„«J« t^ r 133 Praefecti 400 Praefecturae 80 Praeficae 519 Praemia militaria 415 Praepetes 95, 320 Piaeuomen 35 Praerogativa 97 Praetoi-es 112, 116,128 Praetorii 127 Praetorianorum castra 615 Praitorium 402 PraevaricalJo l'S8, 587 Prandium 470 Prata 591 Prelum 492 Pi-ia])us 304 Princepssententiae IT Princeps Juventutis 31 Senates 3,181 Priricipes 395 Pnucifna 403 Principittjn 83 Pfivat* ;t3*, 31.C LATIN INDEX. Page I'rivilegiu 27, JJS Pi-ocurutores 26.'?, 280, 583 Processus Consularis 121 rioletsrii 88, 105 Proraulsis 'i80 PropagiiiL-s 505 Pi-opugiiacula 437 Prorata 441 Proscenium 389 I'roscriptio 21 1 Proiiiiciac 75,121, 170 Provocutio 49, 147 Psiloilnum 408 Publicani 29, 09 Pugillares 557 I'ullarius 321 Pulmentum 471 Pulpituin 389 Puiiciiiu petere ct caesim 377 Pupae 509 Purpura 463 Puteal 264 Pyra 524 Pvrriche 335 Q Quadrigae 603 Quailrigati 5;i8 Quadniplatores 278 Quaesiiores 1 34, 274 Qu--stio 134, 24t,28l Quaestionea perpetuae 134, 275 Quaestorium 156 Quaestorii 1 27 Quaestores 155,270,274 Quinarius 537 Quaestores caiididati 157 pnlatii 158 Quatuor viri viales ib. Quinqualrus 360 Quinqeuviri mensarii, &c. 169 Quincunx 403, 427 Quitidecemviri 327 Quinquereraos 432 Quiniana 402 Qutrinalis mens 6l4 Quirinus 307 Quiritare 49 Quiritariura dominium 61 R Rabula 266 Radii 607 Radius 571 Ramnenses 28, 103 Rapina 256 Ratiocinatores 562 Ratili mimmi 537 Recuperatores 260 Redemptores 130, 250 Relcrre ad Senatum 12 Regiones urbis 566 Regifugium 119 Relegatio 72 iRemwictpatip 511 Remi Hepetundae Replicaiio Ki'potia Kcpudium Page 435 ^ 174 254 509 505 Itescripia 27, 238 lies publicae et privatac 54 — coi-poniles et incorpora- lea 55 — sacrae et profanae 53 Restibilisager 587, 596 Reiiarii 373 Retinacula 438 Reus 93 Rex Sacrorum 333 Rheda 605 Ricinium 447 Ridimicula 438 Rogatio 272 Rogatores 100 Rogare legem, &C. 101 Rogus 524 Romania 81 Rostra 83, 437, 625 Rubrica 239, 460, 563 Rudiaiii 378 Runcalio 589 S Saburra 438 Saccus 492 Sacer 102, 146 Saurosaocti 144, 153 Saci-amentum 249, 393 Sagittarii 396 Sagum 401, 454 Sal etsaliaum 483 Salicea 590 Salii 334 Salutatores 214 Sandapila 518 Sarcophagus 527 Sarculatio 589 Sarculum 585 Sarracum 600 Satio 588 Satisdare 249 Satura lex 102 Saturnalia 3!/i, punished ' 257 Af^rjiulfure, encouiaged 581 Agrippa, his advice to Augus- tus, 180 ; builds the Pant' van, 34', 617; and the harliour of AIise'ium,43^; coustiucts pil- lars in the Circun, 367 ; and several aquatducts 628 Allies, ibvces of, how raised and supported. 3'J4 ; wliere posted, 399 ; i the carap, ajid why, 403 ; on march, 40n ; and in battle 409 Altrirs, 351 ; a place ot refuge 352 Almwhxa, tlie sibyl 327 Ambustus, his daughters occa- sion an iii.ponant change in the Koveniment 1 24 Animah, how yoked, 603 ; and driven 609 Annriii, how composed 314 Annnlii, L. V/lHw. proposes a law, to regulate the age lor' enjo>-iug offices . 1 13 Antonius, C. exielled from the senate 7 Antonius, M. blamed I'urliis mar- riage, 503 ; offers a Crown to Caesar, 314,336 ; his profusion 543 jl/);e/w, his luxury and death 544 Afii/llo, names of 300 -/l/>/)M(, liberty of 117. 265 AijuxJu'tf, 480, 627 Arches, triumphal 625 Assemblies of the people, R2 ; by Curies, 104; by centuries, 84; by tvibes, 10' ; broken off 6y what, 96 ; manner of holding the assemblies by centuriis, ib. by tribes, 106, Naaurnal Asitmblies prohibited -216 Ashes and oont s oi the dead how gathered, 527 ; and deposited 528 Assian stone, coffins of 527 Athletic Gnmes 369 Auttion, form of 59 Augurs 317— —326 Auqustus reforms the senate, 6 ; limits the time of its metting, 10 ; regulates the Comilin. 108 ; gives liis vote as any ordinary citizen, loy ; be- comes 'naster of the empire. 11 1, 179 ; dt-ehnes the title of Censor, 143 ; invested with the Tribunitian power, 152; re- jects the dictatorship, 165; •consults wjth Agrippa and JIaecenas ajout resigning liis power, POfie ISO; makes a new partitiuuoi'the provinces, 176; and hrst appoints salaries to the provincial magistrates, 178, 34:; liis descendants might liave lon^ enjojed the sovereignty, ii lie had possess- ed the wisdom to impose on himseli and hi^ successors pro- pei lesti dints against the abuse o. power, is ; artfully estabhslies his authority, it>. titles conferitrd ou him, 181; power granted to hin., 183 ; altars erected to liini, 186 ; vows made lor his safety, i'l- rules at first witli great mo- deration /h gradually enlarg- es his power, 187 ; so humbled the spirit 01 tue Romans, that they never after made any joint efliirt to recover tf.eir li- berty, ib- allows only particu- lar persons to answer on ques- tions of law, and obliges the judges to follow their opinion, 202 ; cliaiiges the mode o en- acting laws, 238 ; assumes the office o^ Ponlifex Max ivus, 317; his superstition, 345; the ii.onth August called .rom his name, and why, 353 ; this said to be done ly an o der of the people. 183; vestricts the licence or divorces, 510 ; sta- tions fleets in diflerent places, 439 ; his ring, -165 ; wears se- veral tunics, 453 ; did not shave till tw-nty-five, 467; sometimes clipped his heard, and sometimes shaved, 468 ; the sum he received in lega- cies, .''43 ; a civic trown and two laurel branches set up be- fore his gate, 416, 568 ; puts to death some who refuswl to enlist, 391 ; refuses the title of Dominus, 558 ; adorns Rome, 565 ; his vanity on recovering from the Parthians thr spoils tai.en irom Crassus, 619 ; his death. '81: his tomb 531 Auspices, manner oi taking 94 B Bachelors, punisliment of 227 Barchiu, 304 ; his orgies, ib, fes- tival of 360 B'lelges of tlie senators, 7 ; £- qui'es 29; kings. 115; Con- suls, 116 ; Praetois, 132 ; and Emperors 18S Bait, lorm of 244 Ball, game of, 478 ; of four kinds ib. Barbers, first introduced from Sicily 466 BaMv, of different kinds, 477; first built, ^80; parts of, i^. time and manner ol bathing 481 Benrd, how shaven 467 iJf/^ or girdle when used 451 Bear^, constellation of 606 .Bii!iM/a;, weak Conduct of 213 £oniis,niiA iiuU impgrtaut con- tracts Pa;;e 252 Bonds, exchanged between Au- gustus and Antony, &c 253 iSMifl Deo, eslival ot 361 B'>oks, kinds of 555 Bootes, constellation of 607 Bracelets 482 Brer /les, not worn by the Ro- man^ 369, 454 Bridget, number of 632 Brutus, the conspiracy of his sons 44 B Camp, lorm of 402 Ciiudidaie>; their dress and man- ner of canvassing, 91; how elected 100 Ca/ii'atirinlt 271 Ciif'itoline marbles, why so call- ed 314 Cnpun, punisheil 74 Carriages 603 612 Carvelius Ruga, the first who divorced liis wile 5W Castor and Pollux 307 Catn, ordei'ed to he led to pi-i- son, 15, 218 : sent to reduce Cyprus, 211; his dress 450 Cavairy, how chosen, 392 ; their arms and dicss, 397; tJicir place in camp, Pfl^403 ; and in bank- ■^'9 Ceiison, llieir institution. 136 ; their ottiif, 137 ; ilinr (iouit, 140, 141 ; (liseoutinucil undrr the cmpcruiii 112, M3 r^rMorj lUi-, wlitncccaULtl 141 CfMurioii, badge ol 398 Cciberut 3..9 Cc'ti, 2y5 ; her mysteries 2«6 Charittt rii ei 360 Charun, lerryiiian oi'liell, 09, ;1J Cfitiuneijj, anciently nut us d at Honie o73 Chiirui, why sui>pressed 384 cAr j.wm'!^, i:suil)Lslied by on- stantine 70 Chrttiiiin, tlieir meetings pro- bibiteU, and wliy, i'.i ; ol'uii exi>oseil to wild bt-asts 370 Cut 0 unites ihi- senaii witli the y.qufe , 25 ; get^ the province «i. V. ilicia against Uu will, 124 ; made quaestor, 4 ; called Ft.- t/ierol /its Couti'ry, 181 ; liin- dered Ly a tribune I'rom mak- ing a siieeeli to the jnople, wht n lie n sigiud the eonsul- fhip, '21 ; promotes the am- bitious des.gns ui Caesar con- trary to hi. own jadgnient, 170; is banis.icd, ^lO; his laws, 23«; the senate c auge their habit oii his accoiuit, 273 ; his death 280 Ceilings, how adorned 5VS CUie<, lio*malities in founding, 78: in destroying, tb. their walls savrcd »'• Ci'iztms. rights of, 48 ; could not lose the ireedoU) ol the city against their will, 71. 212 ; could not be scourged -^30 Civil Lno, study of, revived in Europe 241 Ctvitrinh ib. Claudius P. punished for slight- ing the omens 321 Claujliut, Emperor, abridges the number oi holy days, and why, 31)5 Claudius Af>p decemvir. ,68 C(«ut, supposed cause of bis blindness S"!? Classet, into which the jieople were divided, S5 ; whence citisaes o scliolars, Qiiinctil, i. 2.23.x 5.21 and of work- men, Columella i. 9. 7. Cluacina 308 Clont/ii, of diflflrent kinds 463 Clo'/i. how wrought 572 Clodiuj, restricts the power of the Jensors, '-12; adopteilby a plebeian, 50 ; made tribune, 14 1 ; the enemy o icero, ib. Ifis laws. 20>J ; tried or violat- ing the sacred riles oi the Bo- n. D.n. 215 ; killed hy the slaves o ■ Milo, i.'y ; and burnt in the Furw.. 525 r.'irtrj, dole given to 401 Coffin, 518; how deposit«-d, 527 Coina, kinds oC s^e ; i>ut in tlie mouth u the deceased 5is folle^es ol'priests, CiC 330 Coloniet. manner o'settling, 77 ; of diflere.t kinds 79 /'od/mnr. kinds of 624 Cottu'ly, ancient, middle, and new, 3^l ; w iters in each ;/;. Commnnrt. military, how con- ferred 84 Consuls, respect shewn them by the senate, 12 ; by others, U8, INDEX, lire. 121 ; their poweis.i^./i^r 15, 117, 3yO ; wheu illstiliUed, 109; therbudgis, I o; time of en- tiriMg on their ufliee. 119; with wliut suleUiiutieH Uiis was dune. I.'l ; their prosinves, ii/. lioiu wiiut Older creand, 1/4 ; their slate under the Emperors 1 ^6 C»ii u s t.cii first a^kcd their upiniuu ill tlu K-nate, U ; unU why l!0 Cointcralioiio t!ie Emperors 534 Cviii( iiifi, gods so called 302 Consign iiw/jle taken by the 'lurks 81 Cuuks, ti-om Sicily 487 Cvrii gi\eu to the poorer citi- zens iOf'. i3Z Coi uiica'iiiif, tne first who gave his advice freely, ^00 ;fifst j le- beian Fuiitjt::i: il.xnim. 3i2 Cuuc'cs, foi reclii.iiig an at meat, -'"J; usual lui-.iier of in a room. 474 ; ihtix .oviu ill- 47.-> ; and covering, •(74 ; funeral couches 518 r»cjf,((,r, wealth of 542 Criminut'. divss of, 93, 273 ; al- ter sentence used anciently to be punisheil without delay ; lutthis was altered by 'libe- riiis, 28.' ; bow treated alter death :i9 1,527 Crowiii. given as ivwaids, 4 5; used at tiasts, 48,: ; put on the head 01 the deceased 515 Cuf>s, kinds of 495 Ciiftid 298 Curio turns two thtati'es into an aiiiphitheati'e on the sameday, 387 ; his corruiitiou and fate 543 Curius Derilatus 472 Cybelk, 303 ; priests of 337 Cydops 299 Cj'/jrew, used at funerals 5i5 D Damat;c, repaind 25T Z)ai/;,'/!/c. If. how named 37 Dny. division oi, 353 ; common andhol) d:ijs 359 DC'to 1. cruel law concerning 49 Xlcc. iri',ni-^ , ibaiiner o. 406 D'xcv.vir.-, why cnatal 167 Dtsiert, fruiti and sweetmeats 476 D'Vote'l to one's sei-vice, origin Ol' the ;.hr.ise i«3 Z)in?j first invented 358 Diriiin 201 hire, game of 497 Dicf Ui.i , fiist made, 163 ; causes ol creating this magistrate, i'l, his I'Mdjres and po'.Mr, i6J ; this oliice iiitermjtted for 120 years he ort Sylln, 165; abol- ished Uiter the death of Cae- sar ib. Dii/iKi. kinds of, 485 ; how brought in 475, 4»8 Divorvtx. lorm of 509 Dog'. enji)loyei';iffu«n, kinds o' 61 Door, oi)eJietl outwards, 167 ; secured ny (ars, 8ro(i.\s- surs oi the liberal arts by Cae- sar 210 Fricndt, how some testified their attiction 427 Fiinrrals, why so much attended to, 512; ptihiic and private; 5)6; funeral couches, .6;7 ; private funerals cilvbruted Ijy night, Hud public byday, 518; bid cciiemoiijes of both,P/j,£r« 515— 534 ; Tuueial procession, 518> 519 ; uiieial o atioii, Sil ; first made by Po|>lic()Ia ui lioiioiir of JBriitus, il). ; and by Catulus, in praisi" o nis mother Popilia, zi. ; mural pite, 524; aiii- raals thrown into it, atti; TJome persons came to li;e on it ti. Furies 303 G Games, ordinary and exwaordi- iiary, ISS ; oi tlie circus ib. Garde.is 578 Gates, how adorned 507 of Rome 615 Genius 304 Cenrwns, their manner of form- ing eoiijccturi.g about futur ty 324 dc/Ua'ors, different kinds ot", 37s; ; where exhinitcd, 374 ; their maimer offigliting, 377 ; prizes given to the victors 373 Glfiii. iRvention of 578 djTernmtn' , of Rome, origi- nally aiistoci atical,8 • ; L-rougiit to a just eg ,ili/j iuw, 150; worst kind ol despotism undt v the Emperors 187 Graces 298 Gracchi, their laws, 232; and fate 150 GmiK, kinds of SBD, 5 0 CunrdTMt, ajipinntment oi 6? H Hciir perfumed at feasts, 4R2 ; how d.-esstd by Momen, 458 ; by men, 466 ; not cut at sea, 469 ; mcthjo;Ronie 613 Ilnipiialit'i, inviolable 485 Houses, regulations concerning, 56, 57 ; rent and prices oi 566 liouseholdgods 304, 305 Hour glnsurs 265 Human sa'crijicet 3501,351 Hymen, tr -tvus 508 I Idnlatrij, origin of 522 Injuries, how punished 257 /ngm/IjH^, manner 01 595 ///(■^!fi7?ia rcliiUlven. state of 503 Images, whm ;ind where kept, 33; carried at funerals 4*0; Indian wise men burnt tliem- seW< s. 516 ; also wives on the piles o. their husbands 526 I'lher ttmces, form ol' entering upon 67 jTn/af:?.*', often exposed 51 Jniere.1t of u.oney S45 Inlirriiig the dead, tnost an- cieii?, 515, 522', and most na- tural 515 friftruments, used in writing, 554 ; in husbandry, 585 ; .'or fixing tiurdens ou the back of s!a\"es, 600; for driving ani- IKDEX laals in a carriage fcge 600 Inns, anciently lew 484 In'errtx, partieular? conctni- ing 90, 109, 113, 116 Irr.triui, revives tlie study of the civil law 24 1 lalians, their light 74 J Janu , how represented 302 Jmps, their manner o. burial 426 Judget, of difl' rent kinds. /59 ; appointment o(, 262 ; chosen trom what onler i75 Judgment, manner o: i^ronounc- ing. 266 ; its ettects i*7 Jugur'r.ine war 151 Jintnn year 354 Juno, how represented 294 Jupiter, Lis names and attributes 293 K King.t 109, 114 L Landed esWe^, too large hurt- ful, i93 ; the value oi laiuls iu Italy raisi;d by a law oi Ti-a- jan 108, 594 Lanius; first dictator 163 Latins, their rights 72 L tin ton,^ue, the Italian states prohitited tlie usi,- o. it S03 iau(e« rors, ii) ; tin ir education, ^03 ; eniiiient lawyers ib. Legocie ■. iir.v.' ielt f>5 Lt ni utus, d . grad>. d 7 Leila 307 Leteis, of the alpha' el, 551; epistles, ^61 ; ingenious modes o. conveying 562 Lt/iiuU!, how many taisiij at diiferent times. 'vO; division Oi" each. >95 ; officers 398 Lihirty, whence the loss of it may be daied, 150; causes ol' its subversion, 26, 32, 109, 1 23, 149, 179, tic. Libraries 563 Limits, of the empire 633 Linen, not worn by the Romans 453, 479, 570 Letters, when introduced 562 Li tors 115, U6, 1<50 Licinius Stolo 12S Lieuienr.nis, the niunbcr assign- ed to proconsuls, 171 ; ttair oflice if). Liver, sometimes thought to be wanting. 'P victims 348 Livi'is Anilrt mnis, the first wri- ter of plays at Romt; 3bo Loiks, keys, bolts, ^r, 568 Loom, parts of 570 Lots, used in prognosticating fu- ture events 323 Lottery, a kind of 498 Lumtics, wUeucu nan^ 325 M Machines, used in sit^ee, P'gi 428 ; for hauling ships 442; Mcecerrs, entrusted l.y Augus- tus with the charge oi the ci' ty, 1''9 ; his advice much re- spected by that eniperor, 109, 160, 180; his tuwer, 523; ef- feminate in his die!s, 451; said to have mventwl the art of writing bhort-hand 189 M.ghtrati. , at different times. If)') ; their .'unctions m^re ex- teiisive than among us, itl; division of, 1 1 3. Ordinary ma- gistrates under the republic, 116 — 159 ; under the emperors, 1 59 — 1 62. E* traordiiiaiy nia- gistrales, 16?— 169 ; provincial niagijtrates 169-rl79 M "iufaaure>, woollen 570 Maiii/re, kwds of 588. hc^ Ma: ch, orde." oi' 407 Mnrkei-p'aces,3.t Rome 6i3 Marr.age only betwe^^n Roman citizens. 50; ai.ciently pro hibited betvi^en Patri< innswnd Plelieians, 35 & 50 ; as some- times between neighl ouring disni.;ts, <79 ; encoura.^nients io. 2i7 ; (lilVtrent ibrmsof499 JMurru , rose irom a common soldier, 397; seven timts con- sul, 126; fattliless and ambi- tious. 123, 151,206;crue).314 ; fiist enlisted soldiers .rom the lowest class, 38s- ; made seve - ml changes in the military art S92, 414 Mars, 299 ; bis shield ib, Marsie war, 74 : cause of. 223S ver> destructive ibm iV/nrje/«i, punishment of 622 ilf.j^ the ancient Jiipshad but one 436 Mrti'cr oi' horse 166 Measurei, ot lengOi, 548 ; of ca- pacity 550 M^ttnls 539 Meiiander 381 Mercenary servants, 40 : troops 395 Mnrury, 300 ; images of ib. JVrfrj/'ff'lJllsliims»lf 33f4 Mr'elluj 'v'!/;)ii'riifi«,banishfd 206 MeteUus, loses his sight 17, 340 Minerva, 294 ; her stiieW, ib ff stiv al of 360 Minos 309 Minority, years of 221 Mo';ey, when coined, SiS ; hov/ computed 540 Monarchy, rc-csiabl'sbment of 179 Month ', division of 35 5, 3 56 M"rra. game o'. 499 Mourving. niaiuier of 467, 530 Mutiv ipid towns. 77 ; not oMig- nl to rec- ive tlie Roman laws unless they chose tb. Mitres SOI il/Kjtf, warlike instrununts of 40& N A'diMMoftlie Koinans 34 Ifrcklares 461 Ntui^e,2g6 ; why hostile to the Trojans 297 A" ro. colossus O!', 374 ; sets Rome on fire, 566; curious ctihng of his dining room 578 Vinv Stijle, first aJopted in Eng- land 355 >/«6/«n«n, young, how iartructed in pu* lie (.usiiiess, 5 ; in juris- prudence. 203 ; aU(J in the *•-. OF PROPER NAMES AVD THINQS, •r«-ar Pope 17!, 403 -y A40 Omiihuif 450 '>rei'ei, tried for the murder oi' hij nioihfi- 287 Ottrarisiii, \\\>»t S86 Oj-i-n, alv.'a>3 used in plouf^hiDf^, 58b ; how u-ained ii>. P Palais, whence nanitd 70 P'l^j, I'e'icival of 361 f'all'ir, 794 ; her image i!) PaliiK, first giv«ai lu the victors at gaiuet 368 Pan 307 Pan/omimes, 38-) ; composers ol' 385 Paper madeot'the papyrus, 532 ; of linfeu rags 554 Purthnuni , first made ih. AscAnfnts, how adorned 57S Pea-ii, value of 544 People, power of, .23, 123. 313 ; common peuple o> the count> y more respectable than of the city 3 1 Perjury, punishment o ' 185 Perukes, when first used 4^8 Petreiu-, his bold answerto Cae- sar 218 Ptoui;h, form of, 585 ; manner ol'ploughiug 586 Plucu 303 Pn/M, o the heavens 608 Po'npeim. Scx. why called the sou ol' Neptune 2y6 Pom/iey umi'- consul. 126 ; sent aj.'ainst the pirates, 215 ; agaiiist Mithridates ^24; his exhibition o, wild t)easts, 37l ; first built a theatre of hewn gtoue, 3S7 ; device o. his ring, 465 ; his death 457 Pontijft 310— 3 ir Powiui, geoeial of the Sain- Dites 122 Paplknia, laws of 204 Porticot, uses oi' 479, 623 Potts, institution of 63 1 Posset- io!:, form o. claimini; 248 Poppifa, allied in asses milk 460 Prayers, how made 344 Prceor, institution of, 128 at first one, iJi- a second added, ih. tlie uumber of praetors en- creased, l'i4 ; the city piae- tor the chie-, 128 ; his edicts, 129; badges, 132; and atten- dants, 133 ; manner oi adwi^n- isterinR justice, 242, -248 ; how he pronounced stntcnce in a criiuinal trial 287 pnc nriaii cohorts, 412, 616; carapot 61 S Pre«(ien«, of a fiast .496^ Printnis 304 Prt(*tr. of different kinds, 3iO,— 343 ; ofpariicular deities, 333 ; olJmnter. j4, of Mars, 334-. of I'ai.,/' r;^* 3'6 ; of Herode?, 3i7 ; o C)b< lie, ib ; of Vesia, 3'i8 ; whui llieir euoluiiu-nts Were in uncertain, 3Jl ; by whom elicted ,05,il3,310, 3-0 PriicoiijnlsM'A Frofnu^orn, i-ri- (fin o' the name, l JO ; provinces astiiniedtuthem. 171 « tliiy set out fiom the city «itii Knat puiui), 172 ; their (lower in the prut meet, lO. manner o- ad- iiiiiiisterine justice, 173; tiieir cvaetions. i7-i ; return to Home as private cili7A;ns, unless tliey claimid a triniiiph 175 Pro,Urr:tor O! Judt a 1 78 Profierly, iiioiles of acquiring 58 i*roitipiiia 301 P'o.c/'j^'/c/W oi'citzens 211 Provinci^. rights c". 75 ; taxes impostd nil them, 70 ; new par- tition o. ihein by Augustus 178 Provintiat tr.nj^iisiinies, under theri'piiblie, 169,-176 ; under the emperci's 176,— 17V Purijira'.ion, manner of 88. 353 Punishnienu 2^0 Q Ou(r.ror.', why so callid, 154; their office, 155 ; under the Knijierors, 157. It gave ad- mission into the senate 4 R Ram, a machine in war 42S J?fa/«H^, manner o»' 591 Pt'liii'Tix at snp(.er, when inln:' diieed, 47^ ; manner oi', 473 and cau* o. 48,i Rr:f:i^Urs o all public transac- tions, 19 ; kept in the ueasu- ry 20 ife,')u',/tt-, causes of its ruin, 2S, 32, 123, 125, 150, 151, 171, l81, 392 Revif-tf of the people, institut- ed ty Servius, 85; when ami how made 8b, 137, 142 R(. n-urU. , mil tary 4 ; 5 R 'en 303 Rights of citizens, 48 ; coiiW not ue taken tnjui any one against his will, 7; ; diiiiinuiiouoi' if>. R'lOfti'ihS. their regulations con- ceriiinir naval afiairs adopted by th>' Kuiuans 231 R.iigs, inueli used 464 Rivers, their sources held sacred 309 Roa'l ', how paved . 6-9 J?o/;?)rr(/, punishment of 2.i6 Rob'gU', 30»; asto. 360 Roii:'a'!i;hov/ divided, 1, M ; an- ciently weighed their money, aiid did not count it, 52 ; cau- tious in admitting new sacred rites, 71 ; their r spect ibr the ministers o. religion, 312 ; pas? siunately ibund o. races, 367 ; of-:!iowso"tjladiatois, 378; ami of unaoiiimon siijhts, 185 ; al- most always engaged in wars, S89 ; as remarkable lorendur- inglaiioiir as for coiii-age,428 ; long unacquainted witli naval affairs, -lU ; careful to wtai'the 10^!? in liH-elgn coimtries, 4 15 ; usually went witli tireir heads bare, 457 ; when covered, rh. allowed their Iiair to grow in mourning, 467 ; their ancient fimplicity, 471 ; their luxurj-, and thee use of it, 472 ; at first sat at meat, th, borrowed the custom of ix-clining froro the ts'", j\ begiiii ttleii '"ca-'s with prayer. Page 4-ii ; and uitkrd them in the wmu luuniu r 499 Ri 'riiniti, or 'I'liraee, wliy so culled 81 Roiiii, built, 1 ; taken and burnt by tlie tiaulk, 40, S'M ; and un- der Nii'u, !b. aduruet) b] Au- husius, i' its streets ir.irrnw, »'' Its gatei, 615 ; a.id bridges. 632 ; iu Liiliu name wh) cun- cculed 430 R iniitta, 307 ; bis content with Uemus 319 Roojs, Ihrm of i7(i Ruirrt, how t'^ey sat 432 RiilituT, the first plcieian censor 136 RiMi.o", the boiuidaiy of Ca«- . sai''s province 147 S 5, this letter anciently ns(d in<- stead Oi H 228, 230 Sai red i-.Jeo, 343 ; how iierlbrm- etl 346, 347, 348 Sarifvir, 346 ; to the d.ud 529 Sail , invention of, 431 ; how adjusted 430 Salr, much used 483 iVv'irej. whence named 379 Saiurn,30.' ; festival of 363 Sii'urnitiiis, his la«,s, 205 ; slaia by Marios 206 . Scenery of theati'es 388 Siipir AfricauU', 126, 150, 171 Simica, kills ' jb. Gracchus, 150 ; Powtje-v Maximui 315 Srilii- or notaries 188 S osoiu 304 Srnate,\ii institution, 2 ; number, ib prince 01. 3 ; by whooi as- senibled . 8 ; places and times O; meeting, 9 ; ipiorum ol, 10 ; mainer of making a decree, 16 ; form oi wiiiing it, 19 ; not valid,unli:ss can-.td to tlie trea- sury, 20 ; rarely reversed, 21 ; power of the senate, ib. & 22; lorce Ol' its decrees, 23 ; little regaidcd in the last ages 01 the republic. 25 ; apparently en- cri ased by. Augustus aitd li- berius, 26 ; as the means of e<> tablishin.g despotism, 27 ;Judg- es of crimes 288 &.««'(; olGrician citie.!! 80 Scnaor , choice 01, 3j their age, 4 ; ami ••adge«, 7 ; oixier in which t;.ey were asked their oxiinion. 12; manner 01 deliver- iiigit. 13, 15, 18; were not to he interrupted, 14 ; tliwr pri- vileges, 23 ; their servility to the 12mperoi-s : 8I Sentence, lorm of, in civil trials, 2-16 ; in criminal trials 285 Se/Adc, re-, where built, 523 ; by whom and how 531 i«;-!'ii;i.'.v oi the magistrates, 188 u' the priests 343 Servvuie ,0, lauds 56 S'vvius Tul'ius, institutes the Census, 85 ; made niany laws, 167; the first who coined mo- ney 535 Sta-^ thol oftranspoitlng Alps tty Jand, Pat^e 442 ; size oi trad- ing vessels •144 StbyllinehoQk%,Zn ; kei'pers of 328 Sicily, the first country reduced to tlie I'orin oi a province 75 Siciniui, at his insti^iition the plebeians retire to i)/u«- iV.re' 114 Sufe, iofm o? 426, 4<;9 .S/te(e«on,introduced at feasts. 496 Silk, long known beii/ie silk- worms were iiitrvduc:^. 462. 4fj) Sr, equivalent to Dnmvuis 553 Slrivef, how uiade,38; their treat- ment, 40; oi ditfcreiit kinds, 42 ; how made iree, 4Z ; ilitir manumission restiicitd by law, 45. j09, 215 ; puuisiiment oi", 292 ; their dress, 469 ; not al owed to serve in the army but ill dangerous junctures, 41 ; such as obtrud- d them- selves, were sometimes put to deatii. 392. Slaves wholriz- zled tiie hair, 45. Tova'S, in sieges, 427 ; in ships 437 Toivns.lio-w attacked, 426 ; and defend! d 429 Trcjaii\ pillar 624 r^ni/?, not respected 5, 5, 254; hurtful cousequeiices of this 32 Tr.'/?«'(/i/, writers of 332 & 383 Trees, how propagated 554 Trials , civil, 241 ; how con- ducted. 242,261 ; criminal,b • lore the people, 270 ; before the praetors, 274 ; how con- ducttd 280 Tribe <, thr?e at first. 1. 103 ; when encreased, 104 ; how divided i'l. Trrhanitv, the chief of those lawyers who composed the Curpujur:^ 339 Tr buries, ol'tlie commons when created, 144; their power at first small, 145 ; a'terwai-ds ex- orbitant. '46 ; abridged bySyl- la, 151 ; in a njanner annihi- lated . y Julius Caesai-, 152 ; conlt^rrtd on Augustus, ib. at first nut adinitte3 into the st- nate 18 Trihimts, mihtar)-, number of in a legion 206. 398 T/t;)«(/.t,oidifrerent kinds 329 Triwnhh, whence called, 418 ; narkl uiuuiph Ait Triumviri, P&i^e 110; eonrecratf. a temple and di\ine honours to Caesar i36 Tr/ip/iies, use of 62& U f7;!ffertafrer, OLiunerals 518, SIO Urni, how made 527 Usurers, their cruelty, 49 ; and. art 545 V Valerius Corvut 125 Venus, her names, &c. 297 Verdnt oi a jury 285 Verret, said to have been restor- ed from banishment by the in- fluence of Cicero, 280 ; cause of his death ib. Vertumnus 308 Vesf)risiaii,the first whomadelaws without consulting the senate, 27; the sura he said was nc- cessai-}' to support the state 54 3 rej'c, the goddess of fire 255 Vesloi Virgins 339 Victims, white, from the river Cliiumnus 350 Vineyards, 491 ; how planted 596 Villas, how laid out 579 ViUius, why called Annalis 113 Virginia, killed by her father 168 Virtues, worshipped 309 Vitcllius, lu.'iury of 489 Vomit, custom ol' taking before and after supper ib. Vows, how ffiade 344 VuUomis, 298 ; his work-shop where ib. W lVar,\\ov{ pi'oelaimed 3S9 /Fci^r/.-ruorf', how given 405 IVtalth, instances of 542, 543 JVeeks. dirision oi' time by, not used by the ancient Romans 356 Weights, English and Roman 534, 535 tVife, properties of a good one 570 lllMds 309, 59? WiVif, manner of makhi.g, 492; kinds of, 493 ; used to be boil- ed that it might keep ib. U'l^ve ses. iorm oi making them, 242 ; diflei-ent kinds o!', 282, 2S3; how summoned, 263, 2'6c, Women, excluded irom inheri- tances, 237 ; tlieir clothes, 446 ; sh.ies. 456 ; head-dress, 459 ; paint. 460 ; industry, 570 ; apartment among the Greeks 576 Wood, used for firing 573 IVri'iug. n)atenals for, SS2, 554 ; manner of 5i0 Wii:do-;\:s. how mad" 577 H'heel, for raising water 60* Y Tear, how divided by Romulus, 352 ; by Julius Caesar, 354 ; by pope Gregory, i', by the _A.g)pti»ns 35^ Toinig men, «t wha: age th>y assumed the Toga viriiif, 449 ; peculiarity in their manner ol' wearing it for the first year, 450 ; when they began to sliave. 466. 467 ; consicrat- edthe first growth ot thebeaitJ, and aUo unrbair, to eonxe: deity ib THE PND. - ^^-