Class V^lLL Book L I * /f*3 / ROMAN ANTIQUITIES: OR, AN ACCOUNT OF THE MANNERS AND CUSTOMS OF THE ROMANS; INSPECTING THEIR GOVERNMENT, MAGISTRACY, LAWS, JUDICIAL PROCEEDINGS, RELIGION, GAMES) MILITARY AND NAVAL AFFAIRS, DRESS, EXERCISE, BATHS, MARRIAGES, DI- VORCES, FUNERALS, WEIGHTS AND MEASURES, COINS, METHOD OF WRITING, HOUSES, GARDENS, AGRICULTURE, CARRIAGES, PUBLIC EUILDINGS, &C. &C. DESIGNED CHIEFLY TO ILLUSTRATE THE LATIN CLASSICS, BY EXPLAINING WORDS AND PHRASES, FROM THE RITES ANtf CUSTOMS TO WHICH THEY REFER. BY ALEXANDER ADAM, LL. D. nECTOR OF THE HIGH SCHOOL OF EIHNRl'HGH. REVISED, CORRECTED, AND ILLUSTRATED WITH NOTES AND ADDITIONS, BY P. WILSON, LL.D PROFESSOR OF LANGUAGES IX COLUMBIA COLLEGE, XEW-YORK: PUBLISHED BY EVERT DUYCKINCK, GEORGE LONG, AND COLLINS & H ANN AY. W. K. Dean, Printer, 84, Maiden Lane-. to Southern District of New-York, as. Bjb it remembered, that oil the twenty-seventh-day of August, in the forty- fourth year of the Independence of the United States of America, William A. Mer- cein, of the said District, hath deposited in this office the title of a Book, the right whereof he claims as Proprietor, in the words following, to wit : " Romaw Antiquities : or, An Account of the Manners and Customs of the Romans, respecting their government, Magistracy, Laws, Judicial Proceedings, Re- ligion, Games, Military and Naval Affairs, Dress, Exercise, Baths, Marriages, Di- vorces, Funerals, Weights and Measures, Coins, Method of Writing, Houses, Gar- dens, Agriculture, Carriages, Public Buildings, &c. &c. Designed chiefly to Illus- trate the Latin Classics, by explaining Words and Phrases, from the Rites and Cus- toms, to which they refer. By Alexander Adam, LL. D. Rector of the High School of Edinburgh. Revised, Corrected, and Illustrated with Notes and Additions, by P. Wilson, LL. D. Professor of Languages in Columbia College." In Conformity to the Act of Congress of the United States, entitled " An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books to the authors and proprietors of such copies, during the time therein mentioned." And also to an Act, entitled " An Act, supplementary to an Act, entitled an Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching his- toricaland other prints." GILBERT LIVINGSTON THOMPSON. Clerk of the Southern District of New- York. PREFACE TO THE FIRST EDITION. Nothing has more engaged the attention of literary men since the revival of learning, than to trace from ancient monuments the institutions and laws, the religion, the manners, and customs of the Romans, under the general name of Roman Antiquities. This branch of knowledge is not only curious in itself, but absolutely necessary for understanding the Classics, and for reading with advantage the history of that celebrated people. It is particularly requisite for such as prosecute the study of the civil law. Scarcely on any subject have more books been written, and many of them by persons of distinguished abilities. But they are. for the most part, too voluminous to be generally useful. Hence a number of abridgments have been published ; of which those of Kennet and Nieuport are esteemed the best. The latter is on the whole better adnpted than the former, to illustrate the Clas- sics; but being written in Latin, and abounding with difficult phrases, is not fitted for the use of younger students. Besides, it contains nothing concerning the laws of the Romans, or the buildings of the city, which are justly reckoned among the most valuable parts in Kennet. On these accounts, near twenty years ago, the Compiler of the following pages thought of framing from both, chiefly from Nieu- port, 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 them- selves. To enumerate the various authors he has consulted, would be tedious and useless. It is sufficient to say, that he has borrow- ed with freedom, from all hands, whatever he judged fit for his purpose. He has been chiefly indebted to Mawtiw, Brissoniu . ly PREFACE. and Middleton, on the senate ; to Pignorius, on slaves ; to Sigomus and Grucchius, Manutius, Huber, Gravina, Merula, and Heineccius, on the assemblies of the people, the rights of citizens, the laws and judicial proceedings; to Lipsius, on the magistrates, the art of war, shows of the circus and gladiators; to Sheffer, on naval affairs and carriages ; to Fcrrarius, on the Roman dress ; to Kirchmannus, on funerals ; to Arbuthnot, on coins ; to Dickson on agriculture ; to Dpnatus, on the city ; to Tumebus, Abrahamus, Rosinus, Salmasius, Hottomomannus, Grcevius, and Gronovius, Montfaucon, Pitiscus, Ernesti, and particularly to Ges?ier, in dif- ferent parts of the work. After making considerable progress in this undertaking, the compiler found the execution so difficult, that he would have wil- lingly dropt it, could he have found any thing on the subject to answer his views. Accordingly, when Mr. Lempriere did him the favour to communicate his design 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 being informed by that gentleman, that this was impracticable, and meeting with no book which joined the explanation of words and things together, he resolved to exe- cute his original intention. It is nowgabove three years since he began printing. This delay has been occasioned partly by the difficulty of the w T ork, and making various alterations and addi- tions; partly also by a solicitude to receive the remarks of some gentlemen of learning and taste, on whose judgment he could rely, who have been so obliging as to read over, with critical at- tention, the sheets as they were printed. After finishing what relates to the laws and judicial proceed- ings, 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 Summary of Geography •and History, which he composed a k\v years ago, for the use of his scholars. But after giving an account of the deities and reli- gious rites in his cursory manner, and without quoting authori- ties, he was induced, by the advice of friends, to relinquish that design, and to postpone other objects, till he should bring the pre- sent performance to a conclusion. Although he has all along stu- died brevity, as much as a regard to perspicuity would admit, the book has swelled to a much greater size than at first he imagined. PREFACE. V The labour be bas undergone, can be conceived by those only who have been coversant in such studies. But he will think his pains well bestowed, if his work answer the end intended, to faci- litate 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 government, 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 ge- neral by showing on the one hand the pernicious effects of aristo- cratic domination ; and on the other, the still more hurtful conse- quences of democratical licentiousness, and oligarchic tyranny. But it is needless to point out what has been attempted in par- ticular parts ; as it has been the Compiler's great aim throughout the whole to convey as much useful information as possible with- in the limits he 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 fallen into mistakes. These he shall esteem it the high- est 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, and it has uniformly met with their approbation. It may perhaps be thought, that in some places he has quoted • too many authorities. But he is confident 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 most la- borious. A work of this kind, he imagines, if properly executed, might be made to serve as a key to all the classics, and in somo degree supersede the use of large annotations and commentaries on the different authors ; which, when the same customs are allud- ed to, will generally be found to contain little else but a repeti- tion of the same things. As the work is not divided into books and chapters, the table of Contents, it is hoped, will supply that deficiency. The Compiler has now in a great measure completed, what above twenty years ago he conceived to be wanting in the com- mon plan of education in this country. His first attempt was to connect the study of Latin grammer with that of the English : which was approved of by some of the first literary characters then VI PREFACE. in the kingdom. It is sufficient to mention Mr. Harris and Dr. Lowth. He has since contrived, by a new but natural arrange- ment, 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 derivatives and compounds, with an explanation of phrases and tropes. His next attempt was to join the know- ledge of ancient and modern geography, and the principles of his- tory, with the study of the classics. And now he has endeavoured to explain difficult words 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 instruction with more ease, and in a shorter time ; and of the learner, to procure, with great- er facility, instruction for himself. He has laboured long in the education of youth, and wished to show himself not unworthy of the confidence reposed in him by the public. His chief enjoy- ment in life has arisen from the acquisition and communication of useful knowledge ; and he can truly say with Seneca, Si cum hac exceptione detur sapientia. vt Mam incfasam teneam. nee enunciem. rejiciam, Ep. 6. Edinburgh, ) April 1701. \ ADVERTISEMENT TO THE SECOND EDITION. THE Compiler has felt much satisfaction from the favourable recept- ion his performance has met with. He has, in particular, been highly gratified by the approbation of several of the masters 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 encouragement, he has exerted his utmost industry to improve this edition. The numerous facts and authorities he has added will show the pains he has bestowed. The Index of Latin words and phrases is considerably enlarged ; and an Index of proper names and things is subjoined; for suggesting the utility of which, he is indebted 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 sup- press many particulars, for fear of swelling his book to too great 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 observations and plates, for the use of more advanced students. This, if he find it agreeable to the public, he shall endeavour to execute to the best of his ability : but it must be a work of time : and he is now ob- liged to direct his attention to other objects, which he considers of no less importance. As several of the Classics, both Greek and Latin, are differently di~ vided by different editors, it will be proper to mention what editions of these have been followed in the quotations : Ccesar by Clarke, or in usum Delphini ; Pliny, by Brotier ; Quinctilian and the writers on hus- bandry, by Gesner ; Petronius Arbiter, by Burmannus ; Dionysius of Halicarnassus, by Reiske ; Plutarch's Morals, by Xylander ; and Dio Cassius, by Reimarus. It is needless to mention the editions of such au- thors as are always divided in the same manner. Those not divided into chapters, as Jlppian, Strabo, Plutarch's Lives, &c. are quoted by books and pages. Edinburgh, > , May 21st, 1792. « CONTENTS. FOUNDATION of Rome, 13 Division of its Inhabitants, ib.. I. SENATE and Patricians, 14 Badges of Senators, .18 Consultation of the Senate, 21 Decrees of the Senate, 25 Power of the Senate, 28 II. EQUITES, 33 III. PLEBEIANS, .35 Patrons and Clients, .36 Nobiles et Ignobiles, . . - . . . . 37 Gentes et Families, ....33 Names of the Romans, ib. Ingenui et Liber tini, 33 IV. SLAVES, 40 RIGHTS of Roman Citizens, . 47 I. PRIVATE RIGHTS, 48 1. Right of liberty, . 49 2. — — of family, . * 50 3. of marriage, . ib. 4. of a father . . ib. Emancipation and adoption, 51 5. Right of property, 52 of testament, .58 of wardship, ..... 62 TI. PUBLIC RIGHTS, 63 Jus Lath, 67 — Italicum, 68 State of the provinces, 6'J municipal towns, colonies, &c 70 foreigners, 73 COMITIA, or assemblies of the people ....... 74 1 . Comitia Curiata, . •> X CONTENTS. 2. Centuriata 76 3. Tributa 89 MAGISTRATES, 94 Kings, 98 I. ORDINARY MAGISTRATES, 99 1. Consuls, ib. 2. Praetors, 108 3. Censors, . . • • • . • . .114 4. Tribunes, 120 5. jEdiles 126 6. Quaestors, 128 Other ordinary magistrates .......... 1 30 New ordinary magistrates under the Emperors .... 131 II. EXTRAORDINARY MAGISTRATES, 134 1. Dictator, and master of the horse ib. 2. Decemviri, 137 4. Military Tribunes, 138 4. Interrex, • 139 Other extraordinary magistrates, ........ ib. III. PROVINCIAL MAGISTRATES, ib* 1. Under the Republic, ib. 1. Under the Emperors, 144 Re-establishment of Monarchy under the Emperors, . . .146 Public servants of the Magistrates, 153 LAWS OF THE ROMANS, 156 Jits el hex, 157 Laws of the Twelve Tables, 161 Origin of lawyers 162 Consultation of lawyers ........... 164 Lawyers under the Emperors, ib. Laws made at different times, 165 Laws of the Emperors, 190 Corpus Juris, 192 JUDICIAL PROCEEDINGS. ib. I. CIVIL TRIALS, 193 1. Summoning to court, . ib. 2. Requesting a writ, 194 3. Different actions, 196 4. Appointment of Judices, 206 5. Form of trial, 209 6. Judgment, 211 7. Coniequences of a sentence, 212 II. CRIMINAL TRIALS, 214 Before the people, ib. Before the inquisitors, 217 • Before the Praetors ib. 1. Choice of a Jury, 216 2. The accuser, . . .219 3. The accusation, 220 4. Trial and sentence, 221 5. Punishments, 228 6. Religion of the Heathen, origin of Polytheism, . . • 230 RELIGION OF THE ROMANS. 234 Deities, 240 1. Diimajorum gentium, • . • • 241 2. Dii Selectii, ] 242 3. Dii minorum gentium, ........... 243 II. Ministers of Religion, 246 III. Places of Worship, and Religious Rites .... 271 The Roman Year, . 278 Division of Days, 283 Roman Festivals, . ib. ROMAN GAMES. 287 1. Games and shows of the Circus ib. 2. Gladiators, 292 3. Stage Plays, 298 MILITARY AFFAIRS. 305 1 . Levying of Soldiers, ib. 2. Division of troops ; their arms, officers, and dress, . . 309 3. Discipline of the Romans ; their marches and encamp- ments, .......... 313 4. Order of Battle, and different Standards, . . . .318 5. Military rewards, 323 6. A triumph, 325 7. Military punishments, 329 8. Military pay and discharge, 330 9. Attack and Defence of towns, 331 NAVAL AFFAIRS of the Romans, 334 CUSTOMS OF THE ROMANS. 345 I, Dress, ib. II. Entertainments, 365 Posture at meals, 368 Couches,. ib. Tables, 367 Ml • OX lh\i>. Exercises, 369 Baths, 371 Favourite dishes, 373 Wines, 379 Cups, 381 Private games, . . 383 III. Marriage, . . 385 Divorce, 392 IV. Funerals, .....' 395 WEIGHTS and COINS, 410 Computation of money, 415 — : interest, 418 MEASURES of LENGTH, 120 /«?? Capacity, . . 421 Method of WRITING, 422 Libraries, 431 HOUSES of the ROMANS, 432 Spinning and weaving, 435 Chimneys and windows, 437 Villas and Gardens, 441 AGRICULTURE, 443 Propagation of trees, . . ^ 452 CARRIAGES, 456 DIVISIONS of the CITY, .465 PUBLIC BUILDINGS, 467 1. Temples, ib. 2. Places of amusement and exercise, ...... 470 3. Curice, 47 \ 4. Fora, ib. 5. Porticos, 470 6. Columns, ib. 7. Triumphal arches, 474 tf. Trophies, . . . ib. 9. Aqiucducts, 475 10. Cloaae, 47^ 11. Public ways, 477 12. Bridges, 473 Limits of the Empire, 480 SUMMARY OF ROMAN ANTIQUITIES. The Foundation of the City, awe? Division of its Inhabitants. Rome was founded by Romulus* and a colony from Alba Longa, 753 years, as it is commonly thought, before the birth of Christ. They began to build on the 21st day of April, which was called Palilia, from Pales, the goddess of shepherds, to whom it was consecrated, and was ever after held as a festival ; (dies natalis urbis Romce.) Veil. Paterc. i. 8. Ovid. Fast. iv. 806. Romulus divided the people of Rome into three TRIBES ; and each tribe into ten CURIAE. The number of tribes was afterwards increased by degrees to thirty-five. They were divided into country and city tribes, (rustics et urbance.) The number of the curice always remained the same. Each curia anciently had a chapel or temple for the performance of sacred rites, Varr. de Lat. ling. iv. 32. Tacit* Ann. xii. 24. Dionys. ii. 23. He who presided over one curia was call- ed Curio, (quia sacra curabat, Festus^) he who presided over them all, Curio Maximus. ' From each tribe Romulus chose 1000 foot-soldiers, and 100 horse. These 3000 foot and 300 horse were called LEGIO, a legion,! be- cause the most warlike were chosen, Plutarch in Romulo : Hence one of the thousand which each tribe furnished was called Mile?, Varro de Lat. ling. iv. 16. (unus ex mille,) Isidor. ix. 3. The com- mander of a tribe was called Tribunus, ($t>A*£#os vel T§erv*e:xos.) Dionys. ii. 7. Veget.n. 7. The whole territory of Rome, then very small, was also divided into three parts, but not equal. One part was allotted for the ser- * The first king of Rome. The first kind of government, among men, was Royal- ty, as Sallust and others observe : This was a consequence of the Patriarchs! form, which originated from nature, and commenced with the Creation. + From Lego* I choose. 14 ROMAN ANTIQUITIES. vice of religion, and for building temples ; another, for the king's re- venue, and the uses of the state ; the third and most considerable part was divided into thirty portions, to answer to the thirty curiae, Dionys. ii. 7. The people were divided into two ranks (ordines). PATRICIANS and PLEBEIANS ; connected together as PATRONS and CLI- ENTS, Dionys. ii. 9. In after times a third order was added, name- ly, the EQUITES. The SENATE. 1 . The Institution and Number of the Senate, The Senate was instituted by Romulus, to be the perpetual coun~ cil of the Republic, (Concilium reipublicce sempiternum, Cic. pro Sex* tio, 65.) Itconsisted at first only of 100. They were chosen from among the Patricians ; according to Dionysius of Halicarnassus, ii. 12. three were nominated by each tribe, and three by each curia. To these ninety-nine Romulus himself added one, to pre- side in the senate and have the care of the city in his absence. The senators were called PATRES, either upon account of their age, or their paternal care of the state; certainly out of respect; Liv. i. 8. and their offspring, PATRIC1I ; (Qui patrem ciere possent, i. e. ingenuh Liv. x. 8. Dionys. ii. 8. Festus.) After the Sabines were assumed into the city, another hundred were chosen from them, by the suffrages of the curice, Dionys. ii. 47. But, according to Livy, there were only 100 senators at the death of Romulus, and theirnum- ber was increased by Tu-lusHostiliusafterthedestructionof Alba,i. 17. & 30. Tarquinius Priscus. the fifth king of Rome, added 100 more, who were called PATRES MINORUM GENTIUM. Those creat- ed by Romulus, were called PATRES MAJORUM GENTIUM, Tacit. Annal. xi. 25. and their posterity, Patricii Majorum 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 Caesar, the number of senators was increas- ed to 900, Dio. xliii. 47. and after his death to 1000: but, many worthless persons having been admitted into the senate during the civil wars. Id. lii. 42. one of whom is called by Cicero self-chosen, (lectus ipse a se,) Phil. xiii. 13; Augustus reduced the number to 600. Suet. Aug. 35. Dio. liv. 14. Such as were chosen into the senate by Brutus, after the expul- sion of Tarquin the Proud, to supply the place of those whom that king had slain, were called CONSCRIPTI, i. e. persons written or enrolled together zoith the old senators, who alone were properly styled Patres. Hence the custom of summoning to the senate those who were Patres y and who were Conscripti, (ita appellabant in no- vum senalum lectos, Liv. ii. 1.) Hence also the name Patres Con- scripti (sc. et) was afterwards usually applied to all the senators . THE SENATE. 15 2. The choosing of Senators, Persons were chosen into the senate, (Senatus le.gebatur, Liv. xL 51. vel in senatum legebantur, Cic. Cluent. 47.) first by the kings, Liv. i. 8. xxx. 35. and after their expulsion, by the consuls, Liv, ii. 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 ca.led&'e- minarium Senatus, Liv. xlii. 61. Some think that the senate was supplied from the annual magis- trates, chosen by the people, all of whom had of course admittance into the senate ; but thai their senatorial character was not esteem- ed complete till they were enrolled by the censors at the next Lus- trum ; at which time also the most eminent private citizens were add- ed to complete the number. See Middleton on the Roman Seriate. After the overthrow at the battle of Cannae, a Dictator was cre- ated for choosing senators, Liv. xxiii. 22. After the subversion of liberty, the Emperors conferred the dignity of senator on whom they thought fit. Augustus created three men to choose the senate, and other three to review the Equites, in place of the censors, Suet. Aug. 37, jDio.lv. 13. He whose name was first entered in the censor's books, was called PRINCEPS SENATUS, which title used to be given to the person who of those alive had been censor first, (qui primus censor; ex Us qui viverentfuisset, Liv. xxvii. 11.;) but after the year 544, to him whom the censors thought most worthy, Liv. xxvii. 1 3. This dignity, although it conferred no command or emolument, was esteemed the very high- est, and was usually retained for life, Liv. xxxiv. 44. xxxix. 52. It is called Principatus ; hence afterwards the Emperor was named Princeps, which word properly denotes only rank, and not power. In choosing Senators, regard was had not only to their rank, but also to their age and fortune. The age at which one might be chosen a senator (^Etas Senato- ria) is not sufficiently ascertained ; although it appears that there was a certain age requisite, Cic. de lege Manil. 21. Tacit. Ann. xv. 128. Anciently senators seem to have been men advanced in years, as their name imports, Sallust. Cat. 6. Cic. de Sen. 6. Ovid. Fast. v. 63. Flor. i. 15. But in after times the case was otherwise. It seems probable, however, that the age required for a senator was not below thirty. This may be presumed from certain laws given to foreign nations, at different times, in imitation of the Romans, Cic. in Verr. ii. 49. Plin. ad Traj. Ep. x. 83. for there is no posi- tive assertion on this subject in the classics. The first civil office which gave admission into the senate was the Quaestorship, which some have imagined might be enjoyed at twenty -five, and consequently that one might then be chosen a sena- tor ; from Dio Cassius, lii. 20. Others think at twenty-seven, on .Hi ROMAN ANTIQUITIES. the authority of Polybius 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 quaestor at twenty-seven. But few obtained that office so early ; and Cicero, who often boasts that he had acquired all the honours of the city, without a repulse in any, and each in his proper year, (suo anno,) or as soon as he could pre- tend to it by law, had passed his thirtieth year before he obtained the quaestorship, which he administered the year following in Sicily. So that the usual age of enjoying the quaestorship, ($,) Id. xliii. 9. but by rapacity and ex- tortion accumulated a great fortune, which he left to his grand- nephew, Tacit. Annal. iii. 30, Horat. Od. ii. 2. The indulgence of being enrolled in the senate as supernumerary members, without a formal election, was first granted to magistrates "by the censors, A. U. 693. Dio. xxxvii. 46. There was a list of the senators, (album senatorium, asihc*^* vel «9#ygetpv povXevTuv,) where all their names were written, which, by the appointment of Augustus, used to be annually pasted up in the senate-house, Dio. lv. 3. et Fragment. 137. and the name of any senator who had been condemned by a judicial sentence was erased from it, Tacit. Annal. iv. 42. 3. The Badges and Privileges of Senators* The Badges (insignia) of senators were, 1. the Latus clavus, or Tunica laticlavia, i. e. a tunic or waistcoat with an oblong broad stripe of purple, like a riband, sewed to it on the fore part. It was broad, to distinguish it from that of the Equites, who wore a narrow one. 2. Black buskins reaching to the middle of the leg, Horat, Sat. i. 6. 28. with the letter C in silver on the top of the foot, Juv. vii. 192. Hence calceos mutare, to become a senator, Cic. Phil. xiii. 13. 3. A particular place at the public spectacles, called Or- chestra, next the stage in the theatre, and next the arena in the amphitheatre, Cic. Cluent. 47. This was first granted them by P. Cornelius Scipio, the elder, in his consulship, A. U. 558. Liv. xxxiv. 54. Hence Orchestra is put for the senate itself, Juvenal, iii. 177. In the games of the circus the senators sat promiscuously with the other citizens, till the Emperor Claudius assigned them peculiar seats there also, Suet. Claud. 21, Dio. lx. 7. On solemn festivals, when sacrifices were offered to Jupiter by the magistrates, (in epulo Jovis, vel in cozna Diali,) the senators had the sole right of feasting publicly in the Capitol, Gell. xii. 8, Dio. xlviii. 52. dressed in their senatorian robes, and such as were proper to the offices which they had borne in the city, Cic. Phil. ii. 43, Senec. contr. i. 18. When Augustus reduced the number of the senate, he reserved to those excluded, the badge of their dress, and the privilege of sitting in the Orchestra, and of coming to these pub- He entertainments, (publice epulandi jus ;) Suet. Aug. 35. 4. The assembling of the Senate, and the Tune and Place of Us Meeting. The senate was assembled (convocabatur, vel cogebatur) at first by the kings, Liv. i. 48. after the expulsion of Tarquin, usually by THE SENATE, 19 the consuls, and in their absence by the praetors, Cic. Ep, Fam. x. 12, 28. also by the dictator, master of the horse, Liv, viii. 33. by the decemviri, military tribunes, interrex, prefect of the city, Liv. iii. 9, & 29. A, Gell, xiv. 7. and by the tribunes of the commons, who could summon the senate although the consuls were present, and even against their will ; Cic, Ep, Fam, x. 28. xi. 6. De Orat, iii. 1. Gell, xiv. 8. The Emperors did not preside in the senate, unless when invested with consular authority, (Princeps prcesidebat ; erat enim consid;) Plin. Ep. ii. 11. Paneg. 76. The senators were summoned (arcessebantur, citabantur, vocaban- tur, in senatum vocabantur, &c.) anciently by a public officer named VIATOR, because he called the senators from the country ; Cic. de Sen. 16. or by a public crier, when any thing had happened about which the senators were to be consulted hastily, and without delay, Liv. iii. 38. but in latter times by an EDICT, appointing the time and place, and published several days before, Cic. Phil. iii. 8. not only at Rome, but sometimes also in the other cities of Italy, Cic. adAtt, ix. 1 7. The cause of assembling it used also to be added, consult andum super re magna et atroc, Tacit. Annal. ii. 28. Edicere senatum in proximum diem $ Edicere ut senatus adesset, fyc. Cic. et Liv. passim. If any senator refused or neglected to attend, he was punished by a fine and by distraining his goods, (mulcta et pignoris captione ;) unless he had a just excuse Liv. iii. 38. Cic. Phil. i. 5. Plin. Ep. iv. 29. The fine was imposed by him who held the senate, and pledges were taken till it was paid. But after sixty or sixty-five years of age, senators might attend or not as they pleased, Senec. de Brev. Vita. 20. Controv. i. 8. Plin. Ep. iv. 23. The senate could not be held but in a temple, that is, in a place consecrated by the augurs, Gell. xiv. 7. that thus their deliberations might be rendered more solemn, Cic. Dom. 51. Anciently there were but three places where the senate used to be held (Cwice v. Senacula) ; two within the city, and the temple of Bellona without it, Festus. Afterwards there were more places, as the temples of Jupiter Stator, Apollo, Mars, Vulcan, Tellus ; of Vir- tue, Faith, Concord, &c. Also the Curia Hostilia, Julia, Octavia, and Pompeia ; which last was shut up after the death of Caesar, be- cause he was slain in it, Suet. Jul. 88. These Curim were conse- crated as temples by the augurs, but not to any particular deity. When Hannibal led his army to Rome, the senate was held in the camp of Flaccus, the Proconsul, betwixt the Porta Collina and JEsquilina, Liv* xxvi. 10. When a report was brought that an ox had spoken, a thing fre- quently mentioned in ancient authors, the senate was held under the open air, Plin, Hist. Nat, viii. 45. On two special occasions the senate was always held without the city, in the temple of Bellona or of Apollo ; for the reception of foreign ambassadors, especially of those who came from enemies, whom they did not choose to admit into the city; and to give an- 20 ROMAN AXTIQJtJITlES. dience (cam senatus datus est) to their own generals, who were never allowed to come within the walls while in actual command, Liv. iii. 63. xxxi. 47. xxxiii. c. 22, <$• 24.-34, 43, 36, 39,-— 42, 36. Senec. Benef. v. 15. The senate met (conveniebat) at stated times, on the kalends, nones, and ides of every month ; unless when the comitia were held. For on those days (diebus comitialibus) it was not lawful to hold a Senate, Cic. ad Frat. ii. 2. ad Fam. i. 4. nor on unlucky days, (die- fyus nefastis v. atris) unless in dangerous conjunctures, Id. viii. 8. Liv. xxxviii. 53. — xxxix. 39. in which case the senate might post- pone the comitia : Ibid. & Cic. Mur. 25. An ordinary meeting of the senate was called Seiiatus LEGITI- MUS, Suet. Aug. 35. If an extraordinary senate was given to am- bassadors or others for any reason whatever, it used to be called IN- D1CTUS or EDICTUS, and then the senators were usually sum- moned by an edict, whereby anciently those were ordered to attend who were PATRES, and who were CONSCRIPT!, Liv. ii. 1. but afterwards, " those who were senators, and who had a right to de- liver their opinion in the senate." (Qui senatores, quibusque in senatu sententiam dicere liceret, ut adessent ; and some- times, Ut adessent frequentes, ad viii. Cal. Decembr, &c. Cic* et Liv. Passim.) No decree of the senate could be made unless there was a quo- rum, {nisi senatorum numerus legitimus adesset.) What that was is uncertain. Before the times of Sulla, it seems to have been 100, Liv. xxxix. 18. Under Augustus it was 400, which, however, that Emperor altered, Dio. liv. 35. Iv. 3. If any one wanted to hinder a decree from being passed, and suspected there was not a quorom, he said to the magistrate presiding, Numera senatum, Count the senate, Cic. Ep. Fam. viii. 11. Festus in numera. Augustus enacted, that an ordinary meeting of the senate should not be held oftener than twice a month, on the Kalends and Ides ; and in the months of September and October, that only a certain number chosen by lot should attend, Suet. Aug. 35. This regula- tion was made under pretext of easing the senators, but in reality with a view to diminish their authority, by giving them less frequent opportunities of exercising it. Augustus chose a council for himself every six months, (concilia semestria sorting) to consider beforehand what things should be laid before a full house, (ad frequentem sena- tum,) Ibid. The senate met always, of course, on the first of January, for the inauguration of the new consuls, who entered upon their office on thai day, and then usually there was a crowded house. He who had the fasces presided, and consulted the fathers, first, about what pertained to religion, (de rebus divinis,) about sacrificing to the gods, expiating prodigies, celebrating games, inspecting the books of the Sibyls, &c. Liv. viii. 8. next, about human affairs, namely, the raising of armies, the management of wars, the provin- THE SENATE. 21 ces, &c. The consuls were then said to consult the senate about the republic in general, (de republica indefinite,) and not about par- ticular things, (rebus de singulis finite, Aul. Gell. xiv. 7.) The same was the case in dangerous junctures, when the senate was con- sulted about the safety of the republic, (de summa republica, v. tota.) Cic. passim* The month of February was commonly devoted to hear embas- sies and the demands of the provinces, Cic, ad Fratr. ii. 3. & 12. ad Fam, i. 4. Ascon. in Verr. i. 35. 5. The Manner of Holding and Consulting the Senate. The magistrate, who was to hold the senate, offered a sacrifice, and took the auspices, before he entered the senate-house, Plin. Pan. 76. Ge//.xiv. 7. If the auspices were not favourable, or not rightly taken, the business was deferred to another day, Cic. Epist. x. 12. Augustus ordered, that each senator, before he took his seat, should pay his devotions, with an offering of frankincense and wine, at the altar of that god in whose temple the senate were assem- bled, that thus they might discharge their duty the more religiously, Suet. Aug. 35. When the consuls entered the senate-house, the senators com- monly rose up to do them honour, Cic. Pis. 12. The senate was consulted about every thing pertaining to the ad- ministration of the state, except the creation of magistrates, the passing of laws, and the determination of war and peace ; all which properly belonged to the whole Roman people, Dionys. ii. 14. The senate could not determine about the rights of Roman citi- zens without the order of the people, Liv. xxvi. 33. When a full house was assembled, the magistrate presiding, whe- ther consul or praetor, &c. laid the business before them in a set form; Quad bonum, faustum, felix, fortunatum sit; referimus ad vos, Patres Conscripti. Then the senators were asked their opinion in this form; Die. Sp. Posthumi, quid censes ? Liv. i. 32. ix. 8. or Quid pieri placet; Quid tibi videtur ? In asking the opinions of the senators, the same order was not al- ways observed ; but usually the princeps senatus was first desired to deliver his opinion, unless when there were consuls elect, who were always asked first, Sail. Cat. 50. Cic. Phil. v. 13. Fam. viii. 4. and then the rest of the senators according to their dignity, Consulares, Pratorii, JEdilitii, Tribunitii, et Qucestorii, which is also thought to have been their order in sitting, Cic. Phil. 13. The benches on which the senators sat, (subsellia.) Cic. Cat. i. 7. were probably of a long form, Cic. Fam. iii. 9. as that mentioned by Juvenal, (longa cathedra,) ix. 52. and distinct from one another, each fit to hold all the senators of a particular description ; some of them shorter, as those of the tribunes, which seem to have held only a single person, Suet. CI. 23. The consul sat in the most distinguished place, on their curule chairs, Cic. Ibid. # Cat, iv. 1 . 22 ROMAN ANTIQUITIES. As the consuls elect were first asked their opinion, so the prae- tors, tribunes, &c. elect, seem to have had the same preference be- fore the rest of their order, Cic. ad Att. xii. 21. in Verr. v. 14. He who held the senate, might ask first any one of the same order he thought proper, which he did from respect or friendship, Cic, post redit. in Senat. 7. Liv. v. 20. Gell. iv. 10. xiv. 7. Senators were sometimes asked their opinions by private persons : (multi ro~ gabantur, atque idipsum consulibus invitis ;) Cic. Fam. i. 2. The consuls used to retain through the whole year the same order which they had observed in the beginning of their office, Suet. Jul, 21, But in latter times, especially under the Emperors, they were asked in what order the magistrate who presided thought proper, Cic. Att. i. 1 3. Plin. Ep. ix. 1 3. When they were all asked their opinions, they were said perrogari, Liv. xxix. 18. Plin. Pan. 60. and the senate to be regularly consulted or the affair to be delibe- rated about, (ordine consuli,) Liv. ii. 28, and 29. Augustus observ- ed no certain rule in asking the opinions of the senators, that there- by they might be rendered the more attentive, Suet. 35. Nothing could be laid before the senate against the will of the consuls, unless by the tribunes of the people, who might also give their negative (morarn facer e) against any decree, by the solemn word VETO; which was called interceding, (intercedere.) This might also be done by all who had an equal or greater authority than the magistrate presiding, Cic. Legg. iii. 3. Gell. xiv. 7. If any per- son interceded, the sentence of the senate was called SENAT US AUCTORIT AS, their judgment or opinion, Liv. iv. 57. Cic. Fam, i. 2. viii. 8. and not senatus consultum or decretum, their command. So likewise it was named, if the senate was held at an improper time or piace, (alieno tempore aut loco;) or if all the formalities (so/em- nia) were not observed, Dio. Iv. 3. in which case the matter was re- ferred to the people, or was afterwards confirmed by a formal decree of the senate, Cic. Ep. Fam. x. 1 2. But when no mention is made of intercession or informality, Auctoritas Senatus is the same with consultum, Cic. Legg. ii. 15. They are also sometimes joined ; thus, Senatus consulti auctoritas, which was the usual inscription of the de- crees of the senate, and marked with the initial letters S. C. A. Cic, The senators delivered their opinion, (sententiam dicebant) stand- ing : Whence one was said to be raised, (excitari,) when he was or- dered to give his opinion, Liu. ix. 8. Cic. ad Attic, i. 13. But when they only assented to the opinion of another, (verbo assentiebantur,) they continued sitting, Cic. Fam. v. 2. Plin. Pan. 76. The princi- pal senators might likewise require the consul, to lay before the se- nate, any other subject, which they thought would be of advantage to the state, besides the matter proposed; which Tacitus calls, Egredi relationem. They were then said CENSERE referendum de aliqua re, Sail. Cat. 50. Plin. Ep. vi. 5. or Relationem postu- tare, Tacit. Ann. xiii. 49. For no private senator, not even the con- sul-elect, was allowed to propose to the Senate any question himself, THE SENATE. 23 Cic. Pro. Dom. 27. Sometimes the whole house called out for a particular motion, Sail. Cat. 48. And if the consul hesitated or refused, which he did by saying, Se considerare velle, the other magistrates, who had the right of holding the senate, might do it, even against his will, particularly the tribunes of the people, Cic. pro leg. Manil. 19. pro. Sext. 30. Epist. Fam. x. 16. Hence Au- gustus was, by a decree of the senate, invested with the power of tri- bune 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 obtained from the senate the right of laying before them one, two, or more things at the same meeting; which was called jus prima, secundos, tertice, quarta, et quintet, rela- tonis, Vopisc. et Capitol. In those times the senator who gave his opinion first, was called Primes sententiee senator, Ibid. It was not lawful for the consuls to interrupt those that spoke, although they introduced in their speech many things foreign to the subject 9 which they sometimes did, that they might waste the day in speaking, (ut diem dicendo eximerent, consumer -ent v. toller ent,) Cic. Verr. 2, 39. For no new reference could be made after the tenth hour, i. e. four o'clock afternoon, according to our manner of reckoning ; Senec. de Tranquill. An. c. ult. nor a decree passed after sunset, A. Gell. xiv. 7. Hence Cicero, in blaming the decrees of Antony, calls them SCta Vespertina, 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 by the ^Equi and Volsci, A. U. 290, Dionys. ix. 63. so iii. 26. and of a person haranguing till it was so late that lights were called for, {node illatis lucernis,) Plin. Ep. iv. 9. Those who grossly abused this right of speaking without interrup- tion, were sometimes forced to give over speaking, (perorare,) by the noise and clamour of the other senators, Cic. ad Att. iv. 2. Sometimes magistrates when they made a disagreeable motion, were silenced in this manner. Thus, Cceptum est referri de inducendo SCto, i. e. delendo vel expungendo ; ab omni senatu reclamatum est, Cic. pro Dom. 4. Ejus orationi vehementer ab omnibus reclamatum est, Id. Fam. i. 2. So when a senator threw out abusive language against any one, as Catiline did against Cicero and others, the whole senate bawled out against him, (obstrepere omnes,) Sail. Cat. 31. This used also to happen under the Emperors. Thus Pliny, speaking of himself, after the death of Domitian, says, Finio. Incipit respondere Vejento; mmo patitur ; obterbatur, obstrepitur ; adeo (pii- demut diceret ; Rogo, Patres C. ne me cogatis implorare aux- ilium Tribunorum. Et statim Murena tribunus, Permitto tibi, vir clarissime Vejento, dicere. Tunc quoque reclamatur, Ep. ix. 13. The title of Clarissimus was at this time given to ail the se- nators, but formerly only to the leading men. 24 ROMAN ANTIQUITIES. Sometimes the speeches of senators were received with shouts of applause ; thus, Consurgenti ad censendum acclamatum est, quod solet residentibus, Plin. Ep. iv. 9. And the most extravagant ex- pressions of approbation were bestowed on the speakers ; J\on fere quisquam in senatu fait, qui non me complecteretur, exoscularetur, certatimque laude cumularet, Id. ix. 1 3. 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- vent a decree from being passed, attempted to waste the day in speaking, Caesar, then consul, ordered him to be led to prison; whereupon the house rose to follow him, which made Caesar recall his order, Gell. iv. 10. If any one in delivering his opinion had included several distinct articles, some of which might be approved and others rejected, it was usual to require that the opinion might be divided, and that each particular might be proposed apart ; and therefore any senator might say, Divide, Cic, Fam, i. 2. Senec. Ep, 21. Ascon, in Cic* Mil. 6. * In matters of very great importance, the senators sometimes de- livered their opinions upon oath, (jurati,) Liv. xxvi. 33. xxx. 40. xlii. 21. Tacit, Annul, iv. 21. Several different questions might be referred to the senate by different magistrates in the same meeting, Cic, Phil. vii. 1. Liv* xxx. 21. When any magistrate made a motion, he was said, Verba facere*; REFERRE Vel DEFERRE AD SENATUM, Or CoNSULERE SENATUM DE aliqua re, Cic. in Pis, 13, and the senators, if they approved of it, RELATIONEM ACCIPERE, LlV. \\, 39. When different opinions were delivered, the senators expressed their assent, some to one and some to another, variously, 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 of Patres Conscripti, Cic, et Liv, passim; sometimes to the consul or person who presided, Cic, Phil, viii. 1 • sometimes to both, Liv, vi. 15. They commonly concluded their speeches in a certain form : Quare ego ita censeo ; or Placet lgitur, &c. Sallnst, Cat, li. 52. Quod C. Pansa verba fecit de — de eare ita censeo ; or Qu;e cum ita sint ; or Quas ob res, ita Censeo, Cic, Phil, iii. 15. v. 4. ix. 7. Sometimes they used to read their opinion, (de scripto dicere,) Cic. Fam. x. 13. and a decree of the senate was made according to it, (in sententiam alicujus, vel ita ut Hit censebat.) When a senator did not give an entire assent to the opinion of any one, but thought that something should be added, he said, Servilio ASSENTIOR, ET HOC AMPLIUS CENSEO ! Cic. Phil, Xlii. 21. which Was called addere sentential, vel in sententium* Sail. Cat. 51. THE SENATE. 25. 6. The Manner of Making a Decree of the Senate* When several different opinions had been offered, and each sup- ported by a number of senators, the consul or magistrate presiding might first put to the vote which opinion he pleased, (sententiam primam pronunciare, ut in earn discessio fieret ;) Cic. Ep. Fam. i. 2. x. 12. or suppress altogether (negare se pronunciaturum) what he disapproved, Cms. de Bell. Civili, i. 1. And herein consisted the chief power of the consul in the senate. But even this was some- times contested by the tribunes, (ante se oportere discessionem facere, qutim consules,) Cic. Fam. i. 2. A decree of the senate was made by a separation {per discessionemj of the senators to different parts of the house. He who presided said, " Let those who are of such an opinion pass over to that side; those who think differently to this." (Qui hoc censetis, ILLUC TRA&SITE. Qui ALIA OMNIA, IN HANC PARTEM.) HeilCe Ire pedibus in sententiam alicujus, to agree to any one's opinion ; and Discedere v. transire in alia omnia, for Contrarium sentire, Plin. Ep. viii. 14. Frequentes ierunt in alia omnia, a great majority went into the contrary opinion, Cic. Fam.i. 2. Frequens senatus in alia omnia Ut, Id. viii. 13. discessit, x. 12. The phrase Qui alia omnia, was used instead of Qui non censetis, sc. hoc, from a motive of superstition, (ominis causa,) Festus. Those senators who only voted, but did not speak, or, as some say, who had the right of voting, but not of speaking, were called PEDARII, Festus, A. Gell. iii. 18. Cic. ad Att. i. 19. 20. be- cause they signified their opinion by their feet, and not by their tongues : Or, according to others, because not having borne a curule magistracy, they went to the senate on foot, A. Gell. ibid. But 3 according to Pliny, anciently all the senators went to the senate on foot ; and the privilege of being carried thither in a chariot was never granted to any one but Metellus, who had lost his sight in res- cuing the palladium, or image of Pallas, from the temple of Vesta when in flames, Hist. Nat. vii. 43. s. 45. He who had proposed the opinion, (qui sententium senatui prm- stitisset, Cic. in Pis. 32,) or who had been the principal speaker in favour of it, the consul, or whoever it was, (PRINCEPS vel AUC- TOR Sentential, Ovid. Pont. ii. 3. 31.) first passed, and those who agreed with him followed, Plin. Epist. ii. 11. Those who differed went to a different part of the house ; and into whatever part most of the Senators went, the Consul said, of it, " This seems to be the majority." (H^ec pars major videtur.) Then a decree of the Senate was made according to their opinion, Plin. Ep. ii. 12. and the names of those who had been most keen for the decree, were usually prefixed to it, which were called AUCTORITATES per- scriptm vel prmscriptm, Cic. Orat. iii. 2. because they staid to see the decree made out, (scribendo adfuerunt, i. e. Senatus consvlti 4 26 ROMAN ANTIQUITIES. conficiendi testes erant,) Senatus consultum ea perscriptione est, of that form, to that effect, Cic. Fam. v. 2. Anciently the letter T was subscribed, if the Tribunes did not give their negative ; for at first the Tribunes were not admitted into the Senate, but sat before the Senate-house on benches, till the de- crees of the Senate were brought to them for their approbation or rejection, Vol. Max. ii. 7. This, however, was the case only for a very short time; for A. U. 310, we find Canuleius, one of their number, 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 DIS- CESSIONEM, 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. in Pis. 8. Although it was then also made per discessionem; and if the senate was unanimous, the discessio was said to be made sine ulla 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 Antony for omit- ting this, in the case of Lepidus, Phil. iii. 9. Before the vote was put, {ante discessionem factam,) and while the debate was going on, the members used to take their seats near that person whose opinion they approved, Plin. Ep. viii. 14. and the opinion of him who was joined by the greatest number, was called SENTENTIA maxime FREQUENS, Id. U. 11. Sometimes the Consul brought from home in writing the decree which he wished to be passed, and the senate readily agreed to it. Cic. Phil. i. 1. When secrecy was necessary, the clerks and other attendants were not admitted ; but what passed was written out by some of the sena- tors, Cic. pro Syll. 14. A decree made in this manner was called Tacitum, Capitol in Gordian. 12. Some think the Senatores Peda- rii were then likewise excluded, from Valer. Max. ii. 2. Julius Caesar, when consul, directed what was done in the senate (Diurna Acta) to be published : Suet. Jul. 2D. which also seems to have been done formerly, Cic. pro Syll. 14. But this was prohibited by Augustus, Suet. Aug. 36. An account of their proceedings, how- ever, was always made out; and under the succeeding Emperors we find some senator chosen for this purpose. (Actis vel commenta- riis Senatus conficiendis,) Tacit. Ann. v. 4. Public registers (ACTA, i. e. tabulce vel commentarii) were also kept of what was done in the assemblies of the people, and by courts of justice ; also of births and funerals, of marriages and di- vorces, &c. which served as a fund of information for historians ; hence Diurna Urbis Acta, Tacit. Annal. xiii. 31. Acta Populi, Suet. Jul. 20. Acta Publica, Tacit. Ann. xii. 24. Suet. Tib. v. Plin. THE SENATE. 27 Ep. vii. 33. Urbana, Id. ix. 15. usually called by the simple name Acta, Cic. Fam. xii. 8. Plin. vii. 54. SENATUS CONSULTUM and DECRETUM are used promis- cuously to denote what the senate decreed ; Cic. Liv. et Sail, passim. So Consulta et Decreta patrum, Horat, But they were also distin- guished as a genus and species : decretum being sometimes put for a part of the SCium, as when a province, an honour, or a supplication was decreed to any one, Festus, Decretum is likewise applied to others besides the senate ', as Decreta Consulum, Augurum, Pontifi- cum, Decurionum, Cwsaris, Principis, Judicis, &c. So likewise con- sulta, but more rarely ; as Consulta Sapientum, the maxims or opi- nions, Cic, deleg. i. 24. Consulta Belli, determinations, Sil. iv. 35, Gracchi, Id. vii. 34. In writing a decree of the senate, the time and place were put first, then the names of those who were present at the engrossing of it ; after that the motion, with the name of the magistrate who pro- posed it ; to all which was subjoined what the senate decreed. Thus, Senatus Consulti Auctoritas, Pridie Kal. Octob. in jEde Apollinus, Scribendo adfuerunt, L. Domitius, &c. Quod M. MaRCELLUS COS. VERBA FECIT DE PrOVINCIIS CoNSULARIBUS, DE ea re ita censuit, v. censuerunt, uti, &c. Cic, Ep. Fam. viii. 8. Hence, we read, De ea re Senatus consultus ita censuit, de- crevit ; also Placere Senatui ; Senatum velle et jequum cen- sere ; Senatum existimare, arbitrari, et judicare*, Videri Se- natui, Cic. Liv. Sail. Ike. passim. If the tribunes interposed, it was thus marked at the end ; Huic Senatus Consulto intercessit C. Coelius, C. Pansa, Trib. Pleb. Cic. ibid. Sometimes the tribunes did not actually interpose, but required some time to consider of it, and thus the matter was delayed, Cic, pro, Sext, 34. r When the senate ordered any thing to be done, these words were commonly added, PRIMO QUOQUE TEMPORE, as soon as pos- sible. When they praised the actions of any persons they decreed, EOS RECTE ATQUE ORDINE VIDERI FECISSE, Liv. passim. If the contrary, Eos contra rempublicam fecisse VIDERI, Id. Orders were given to the consuls, {Ncgotium datum est Consulibus,) not in an absolute manner, but with some exception ; Si videreter, si e republica esse ducerent, Liv. Quod commodo Reipublicje fieri posset, Cces. Ut Consules alter, ambove, si eis videatur A)D bellum proficiscerentur, Cic. When the consuls obeyed the orders of the senate, they were said esse vel fore in patrum po- testate ; and the senators when they complied with the desires of the people, esse in populi potestate, Liv. ii. 56. &c. When the senate asked any thing from the tribunes, the form was Senatus censuit, ut cum Tribunis ageretur, Liv. xxvi. 33. xxx. 41. The decrees of the senate, when written out, were laid up in the treasury, (in JErarium condebantur.) where also the laws and other 2tf ROMAN ANTIQUITIES. writings pertaining to the republic were kept. Liv. iii. 9. An- ciently they were kept by the JLdiles 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 ho- nours conferred on Caesar were inscribed in golden letters on columns of silver, Dio. xliv. 7. Several decrees of the senate still exist, en- graven on tables of brass ; particularly that recorded, Liv. xxxix. 19. The decrees of the senate, when not carried to the treasury, were reckoned invalid, Suet. Aug. 94. Hence it was ordained, under Tiberius, that the decrees of the senate, especially concerning the capital punishment of any one, should not be carried to the treasury before the tenth day, Tacit. Ann. iii. 51. that the Emperor, if absent from the city, might have an opportunity of considering them, and, if he thought proper, of mitigating them, Dio. lvii. 20. 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. 55* Cicero accuses Antony of forging decrees, Phil. v. 4. Decrees of the senate were rarely reversed. While a question was under debate, (re integra.) every one was at freedom to express his dissent (contradicere vel dissentire) ; but when it was once deter- mined (re peracta), it was looked upon as the common concern of each member to support the opinion of the majority (quod pluribus placuisset, cunctis tuendum), Plin. Ep. vi. 13. After every thing was finished, the magistrate presiding dismissed the senate by a set form ; Non amplius vos moramur, P. C. or Ne- mo vos tenet; Nihil vos moramur ; Consul, citatis nominibus, E,T PERACTA DIRCESSIONE, M1TTIT SENATUM, Plin. Ep. ix. 13. 7. The Power of the Senate at different Periods. The power of the senate was different at different times. Un- der the regal government, the senate deliberated upon such public affairs as the king proposed to them ; and the kings were said to act according to their counsel, (ex consilio Patrum, Liv. i. 9.) as the consuls did afterwards according to their decree, (ex SCto.) Liv. ii. 2. &c. Tarquin the Proud dropped the custom handed down from his predecessors, of consulting the senate about every thing; banished or put to death the chief men of that order, and chose no others in their room, Liv. i. 49. But this 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 highest. Every thing was done by its authority. The magistrates were in a manner only its ministers, (quasi ministri gravis simi concilii, Cic. pro Sextio, 65.) No law could be passed, nor assembly of the people held, without their consent ; nisi Patribus auctoribus, h. e. jubenti- bus v, permittentibus, Liv. vi. 42. But when the patricians began to abuse the»r power, and to exercise cruelties on the Plebians, especially after the death of Tarquin, A. U. 257, the multitude took THE SENATE, 29 arms in their own defence, made a secession from the city, seized on Mons Sacer, and created tribunes for themselves, who attacked the authority of the senate, and in process of time greatly diminished it by various means ; first, by the introduction of the Comitia Trib-uta, and the exclusion of the patricians from them, Liv, ii. 60. Then, by a law, made by Laetorius the Tribune, that the Plebian ma- gistrates should be created at the Comitia Tributa, Liv. ii. 56. & 57. Dionys. ix. 49. Afterwards, by a law passed at the Co- mitia Centuriata, by the consuls Horatius and Valerius, that the laws passed at the Comitia Tributa, (Plebiscita,) should also bind the patricians, Liv, iii. 55, And lastly, by the law of Publiiius the Dictator, A. U. 414. Liv, viii. 12, and of Moenius the Tribune, A. U. 467. Cic. Brut, 14. that before the people gave their votes, the fathers should authorize whatever the people should determine at the Comitia Ceniuriata ; (ut fierent auctores ejus rei, quam populus jussurus esset, v. in incertum eventum comitiorum, Liv.) Whereas formerly, whatever the people ordered was not ratified, unless the Senators confirmed it (nisi patres auctores fierent, Liv. i. 17. 22. iv. 3. 49. Cic. Plane. 3.) But the power of the senate was most of all abridged by the right of the tribunes to render the decrees of the senate of no effect 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 authority, splendour, and dignity to the senate. (Potestas inpopulo, auctoritas in senatu, Cic. Legg. iii. 12. Locus, auctoritas, do?ni splendor ; apud exteras nationes nomen et gratia, Id. pro Cluent. 5Q,) The Senatorian order is called by Cicero, Ordo amplissimus et Sanctis simus ; summura Populi Romani, popuiorumque et gentium omnium ac Regum consilium; pro Dom. 28. And the Senate-house, Templum sanctitatis, amplitudinis, mentis, consilii publici, caput urbis, ara sociorum, portus omnium gentium, &c. pro Milone, 33. Hence senators in foreign countries were treated with the highest respect, Cic, in Verr, iv. 1 1 . And as senators were not allowed to leave Italy without permission (sine commeaiu) Cic. Attic, viii. 15. Suet. Claud. 16. h 23. Ner. 25. unless to Sicily and Gallia Narbonensis, Dio. liii. 42. when they had occasion to travel abroad, they usually obtained the privilege of a free legation, as it was usually called sine mandatis, sine idlo reipublicce munere ; ut hesreditates aut syn- graphas suas persequerentur,) Cic. de Legg. iii. 8. Ep, Fam. xi. 1. Att. xv. 12. Suet. Tib. 31. which gave them a right to be treated every where with the honours of an ambassador, hi the provinces they had lictorsto attend them, Cic, Ep, Fam. xii. 21 , And if they had any law-suit there, they might require that it should be remitted to Rome, lb, xiii. 26* The advantages of honour and respect were the only compensation which senators received for their attention to public affairs. Cic, Cluent, 55. Although the supreme power at Rome be'on _>ed to the people, yet they seldom enacted any thing without the authority of the se- 30 ROMAN ANTIQUITIES. nate. In all weighty affairs, the method usually observed was, that the senate should first deliberate and decree, and then the people order. Senatus cexsuit v. decrevit, Populus jussit. Liv. i. 17. iv. 49. x. 12. 45. xxxvii. 55. &c. But there were many things of great importance, which the senate always determined itself, unless when they were brought before the people by the intercessions of the tribunes. This right the senate seems to have had, not from any express law, but by the custom of their ancestors, Cic. de Orat. i. 52. 1. The senate assumed to themselves the guardianship of the public religion ; so that no new god could be introduced, nor altar erected, nor the Sybiline books consulted, without their order, Liv. ix. 45. Cic. de Div. 48. 54. 2. The senate had the direction of the treasury, and distributed the public money at pleasure Cic. in Vatin. 15. Liv, xxxvii. 54. They appointed stipends to their generals and officers, and provi- sions and clothing to their armies, Polyb. vi. 11. 3. They settled the provinces, which were annually assigned to the consuls and pragtors, and when it seemed fit they prolonged their command, Cic. pro Dom. 9. 4. They nominated out of their own body all ambassadors sent from Rome, Liv. ii. 15. xxx. 26. xlii. 19. et alibi passim; and gave to foreign ambassadors what answers they thought proper, Cic. in Vatin. 15. Dom. 9. Liv. vi. 26. vii. 20. xxx. 1?. 5. They decreed all public thanksgivings for victories obtained ; and conferred the honour of an ovation or triumph, with the title of IMPERATOR, on their victorious generals, Cic. Phil. xiv. 4. & 5. Liv. 23. Polyb. vi. 11. 6. They could decree the title of king to any prince whom they pleased, and declare any one an enemy by a vote, Cats. Liv. et Cic. passim. 7. They inquired into public crimes or treasons, either in Rome or the other parts of Italy, Liv. xxx. 26. and heard and determined all disputes among the allied and dependent cities, Cic. Off. i. 10. Polyb. vi. 11. 8. They exercised a power, not only of interpreting the laws, but of absolving men from the obligation of them, and even of abro- gating them, Cic. pro Dom. 16. 27. pro lege Manil. 21, de Legg. ii. 6. Ascon. in Cic. pro Cornel. Plin. Epist. iv. 9. 9. They could postpone the assemblies of the people, Cic. pro Mur. 25. Att. iv. 16. and prescribe a change of habit to the city, in cases of any imminent danger or calamity, Cic. pro Sext. 12. But the power of the senate was chiefly conspicuous in civil dissentions or dangerous tumults within the city, in which that solemn decree used to be passed, " That the consuls should take care that the republic should receive no harm j" Ut consulus darent operam, ne quid detri- menti respublica caperet. By which decree an absolute power was granted to the consuls, to punish and put to death whom they plea- sed, without a trial; to raise forces, and carry on war with- the order of the people, Sallust de bello Cat* 29. THE SENATE. 31 This decree was called ULTIMUM or EXTREMUM, Cms. de Bell, Civ. i. 4. and Forma SCti ultmm necessitatis, Liv. iii. 4. By it the republic was said to be intrusted to the consuls, permitti v. commendari consulibus ; or permitti consulibus ut rempublicam defen~ derent, Cic. Sometimes the other magistrates were added, Cms. ibid. Liv. vi. 19. Sometimes only one of the consuls is named, as in the commotion raised by C. Gracchus, Ut L, Opimius Consul vi- deret, &c. because his colleague Q. Fabius Miximus was absent, Cic. in Cat. i. 2. So Liv, iii. 4. Although the decrees of the senate had not properly the force of laws, and took place chiefly in those matters which were not provi- ded for by the laws ; yet they were understood always to have a binding force, and were therefore obeyed by all orders. The consuls them- selves were obliged to submit to them, Liv. iv. 26. xlii. 21. They could only be annulled or cancelled, (induct, i. e. deleri, poterant,) by the senate itself, Cic, pro Dom, 4. Attic, i. 17. Their force how- ever in certain things was but temporary ; and the magistrates some- times alleged, that they were binding but for one year, Dionys, ix. 37. In the last age of the republic, the authority of the senate was, little regarded by the leading men and their creatures, Cic, pro Sext. 12. who, by means of bribery, obtained from a corrupted populace what they desired, in spite of the senate, Appian de bell, civ. ii. 433. &c. Thus Caesar, by the Vatinian law, obtained the province of Cisalpine Gaul and Illyricum, for five years from the people, and soon after Gallia Comata or Ulterior, from the senate ; the fathers being afraid, lest, if they refused it, the people should grant him that too, Suet, lull, 22. Plutarch in vita Cms, But this corruption and contempt of the senate at last terminated in the total subver- siou of public liberty. Cicero imagined, that, in his consulship, he had established the authority of the senate on a solid basis, by uniting it with the eques- trian order, Cic, Cat, iv. 10. Pis. 3. thus constituting what he calls Optima Respublica ; qum sit in pot es tat em optimorum, r. e.-nobilium et ditissimorum, de Legg. iii. 17. (*pirTOKpctTe<*,) and ascribes the ruin of the republic to that coalition not being preserved, Att, i. 14. 16. But it was soon after broken, (ordinum concordia disjuncta est, Cic. Att. i. 13.) by the refusal of the senate to release the equites from a disadvantageous contract concerning the Asiatic revenues, Cic, Att, 1.17. which gave Caesar, when consul, an opportunity of obliging that order, by granting their request, as he had formerly obliged the populace by an agrarian law, Suet, Cms. 20. Cic, Att, i, 15. and thus of artfully employing the wealth of the republic to en- slave it, Dio, xxxviii. 1. & 7. See Leges Julije. The senate and equites had been formerly united, Sallust Jug, 42. and were after- wards disjoined from similar motives. See Leges Semproni^e, d<. judiciis. Augustus, when he became master of the empire, retained the forms of the ancient republic, and the same names of the magistrates . 32 ROMAN ANTIQUITIES.. but left nothing of the ancient virtue and liberty, (prisci et intcgri morsi,) 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, oy trans- ferring the right of creating magistrates, and enacting laws, from the comitia to the senate, Tacit. Ann. i. 15. In consequence of which, the decrees of the senate obtained the force of laws, and were more frequently pubLshed. But this was only a shadow of power : 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, which was not always delivered by himself, but was usually read by one of the quaestors, who were called Candidati, Suet. Tit, 6. Aug. 65. Hence what was appointed by the decrees of the se- nate, was said to be oratione principis cautum ; and these orations are sometimes put for the decrees of the senate. To such a height did the flattery of the senators proceed, that they used to receive these speeches with loud acclamations, Plin. Paneg. 75. and never failed to assent to them ; which they commonly did by crying out Omnes, Omnes, Vopisc. in Tacit. 7. The messages of the Emperors to the senate were called EPIS- TOLjE or LIBELLI ; because they were folded in the form of a letter or little book. I. Caesar is said to have first introduced these libella, Plutarch, in Vita Caes. Suet. Jul. 56. which afterwards came to be used almost on every occasion. Suet. Jul. 81. Aug. 53. & 84. Tacit. Annal. iv. 39. But the custom of referring every thing to the senate (Suet. Tib. 30.) was only observed till the Romans became habituated to slavery. After this, the Emperors gradually began to order what they thought proper, without consulting the senate ; to abrogate old laws and introduce new ones ; and, in short, to determine every thing ac- cording to their own pleasure; by their answer to the applications or petitions presented to them, (per RESCRIPTA ad libellos ;) by their mandates and laws (per EDICTA et CONSTITUTIO- NES,) &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 senate, 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 precedents, were called PRIVILEGIA, (quasi privce leges,) A. Gell. x. 20. This word an- ciently used to be taken in a bad sense ; for a private law about in- flicting an extraordinary punishment on a certain person without a trial, Cic. de Legg. iii. 19. as the law of Clodius against Cicero, Cic. pro Dom. 17. which Cicero says was forbidden by the sacred laws, and those of the twelve tables, Leges privatis hominibus irro- gari : id est enim privilegium, Ibid, et pro Sext. 30, THE EQUITES. ,33 The rights or advantages (beneficia) granted to a certain condition or class of men, used also to be called Privilegia; Plin. x. 56. 57. 110. as the privileges of soldiers, parents, pupils, creditors, &c. The various laws and decrees of the senate, whereby supreme power was conferred on Augustus, and which used to be repeated to succeeding Emperors upon their accession to the empire, (Turn se- natus omnia, principibus solita, Vespasiano decrevit, Tacit. Hist. iv. 3.) when taken together are called the Royal Law; (LEX RE- GIA, vel LEX IMPERII, et AUGUSTUM PRIVILEGIUM ;) probably in allusion to the law, by which supreme power was grant- ed to Romulus, Liv. xxxiv. 6. THE EQUITES. 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 most distinguished for their rank, their wealth, and other accomplishments, who should serve on horseback, and whose assistance he might use for guarding his person. These 300 horsemen were called CELERES, (recxea em rtc spy* ad opera veloces, Dionys. ii. 13. vel a **<*«$, eques desultorius ; vel a Celere, eorum prcefecto, Festus ;) and divided into three centuries, which were distinguished by the same names with the three tribes ; namely, RAMNENSES, TAT1ENSES, and LUCERES. The number of the Equites was afterwards increased, first by Tul- lus Hostilius, who chose 300 from the Albans, decern (turmas : TUR* MA, quasi terma dicta est, quod ter denis equitibus constaret, Varro et Festus) Liv. i. 30. then by Tarquinius Priscus, who doubled their number, {Numero altermn tantum adjecit ;) retaining the num- ber and names of the centuries ; only those who were added, were called Ramnenses, Tatienses, Luceres, posteriores. But as Livy says there were now 1 800 in the three centuries, Tarquin seems to have done more than doubled them, Liv, i. 36. Servius Tullius made eighteen centuries of 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 Eques- trian order, which was of the greatest utility in the state, as an in- termediate bond between the patricians and plebeians. At what particular time the Equites first began to be reckoned a distinct order, is uncertain. It seems to have been before the ex- pulsion of the kings, Liv. ii. 1. After this all those who served on horseback were not properly called EQUITES or knights, but such only as were chosen into the equestrian order, usually by the cen- sor, and presented by him with a horse at the public expense, and with a gold ring. The Equites were chosen promiscuously from the patricians ant? 5 34 ROMAN ANTIQUITIES, plebeians. Those descended from ancient families were called IL- LUSTRES, SPECIOSI, and SPLEND1DI. They were not limit- ed to any fixed number* The age requisite was about eighteen years, Dio, iii. 20. and the fortune (census), at least towards the end of the republic, and under the Emperors, was 400 Sestertia, that is about 3229/. Sterling, Horat. Ep, i. 1. 57. Plin, Ep,\. 19. According to some, every Roman citizen, whose entire fortune amounted 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 of Equites were, 1 . A horse given them by the pub- lic; hence, called legitimus, Ovid* Fast, iii. 130. 2. A golden ring, whence annulo aureo donari, {or inter equites legi. 3. Augus- tus Clavus, or Tunica angusticlavia ; 4. A separate place at the pub- lic spectacles, according to the law 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 (in XIV. gradibus), next to the Orchestra, where the senators sat ; whence Sedere in Quatuordecim, or in Equestribus, or Spectare in Equites, for Equitem esse, Suet. The office (MUNUS) of the Equites at first was only to serve in the army ; but afterwards also to act as judges or jurymen, (utjudi- carent,) and to farm the public revenues, (vectigalia conducere.) Judges were chosen 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 shared 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 MAGIS- TER, SOC1ETATIS, Cic. Fam. xlii. 9. These farmers (PUBLI- CANI) were held in such respect at Rome, that Cicero calls them Homines amplissimi, honestissimi, et ornatissimi ; pro lege Manil. 7. Flos equitum Romanorum, ornamentum civitatis,firmamentum reipub- licm, pro Plancio, 9. But this was far from being the case in the provinces, where publicans were held in detestation, Ascon, in Cic, Verr, ii. 3. especially their servants and assistants. A great degree of splendour was added to the Equestrian order by a procession, (TRANSVECTIONE,) which they made through the city every year on the 15th day of July, (Idibus Quinctilibus,) 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 Togce palmatce, or trabece, 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.vu 13. Plin. xv. 4. s. 5. At this time it was not allowable to cite them before a court of justice ; such at least was the case under Augustus, Butt. Aug. 38. THE EQUITI 3^, Every fifth year, when this procession was made, the Equites rode up to the Censor seated in his curule chair, before the Capitol, and dismounting, led along (traducebant) their horses in their hands before him, Cic. Cluent. 48. Quinctil. v. 11. 13. and in this manner they were reviewed, (RECOGNOSCEBANTUR.) If any Eques was corrupt in his morals, or had diminished his for- tune, 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 moved from the equestrian order ; hence ADI- MERE EQUUM, to degrade an Eques ; but those whom the Cen- sor approved, were ordered to lead along {traductre) their horses, Ovid. TrisU ii. 69. * At this time also the Censor read over a list of the Equites, andl such as were less culpable (qui minor e culpa tenerentur) were degra- ded, (ordine equestri moti sunt,) only by passing over their names in the recital, Suet. Cal. 16. We find it mentioned as a re- ward, that a person should not be obliged to serve in the army, nor to maintain a public horse, (ne invitus militaret, neve Censor ei equum publicum assign-aret ;) 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 ORDIN1S PRINCEPS, ' Plin. Ep. i. 14. or PRINCEPS JUVENTUTIS; not that in reality the Equites were all young men, for many grew old in that order, as Maecenas and Atticus ; and we find the two Censors, Livius and Nero, were Equites, Liv. xxix. 37. but because they had been generally so at their first institutions ; and among the Romans men were called Ju- venes till near fifty. Hence we find Julius Caesar called Adolescent tulus, when he stood candidate for being high-priest, although he was then thirty-six years old, Sail. Cat. 49. And Cicero calls him- self Adolescens when he was Consul, Phil. ii. 5. Under the Empe- rors, 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. Populus sometimes compre- hends the whole nation ; as, Clemextia Romani Populi ; or all the people except the senate ; as, Senatus populusque Romanus. In which last sense plebs is often used ; as when we say, that the Con- suls were created from the Plebeians, that is, from those who were not Patricians. But plebs is usually put for the lowest common people; hence, ad populum plebemque referre, Cic. Fam. viii. 3. So Gell, x. 10. Thus Horace, Plebs eris, i. e. imus e plebe, a ple- beian, not an Eques, Ep. i. 1. 59. who also uses plebs for the whole people, Od. iii. 14. 1. • The common people who lived in the country and cultivated the 36 KOiMAN ANTIQUITIES. ground, were called PLEBS RUSTICA, Liv. xxxv. t. Anciently the senators also did the same, Cic. de Sen. 16. but not so in after times, Liv. iii. 26. The common people who lived in the city, merchants, mechanics, &c. Cic. Off. i. 42. were called PLEBS URBANA, Sail. Cat. 37. Both are joined, lb. Jug. 73. The Plebs rustica was the most respectable, (optima et modes* tissima, Cic. Rull. ii. 31. laudatissima, Plin. 18.3.) The Plebs urbana was composed of the poorer citizens, many of whom follow- ed no trade, but were supported by the public and private largesses, (eos publicum malum alebat; Sallust. Cat. 37.) In the latter ages of the republic an immense quantity of corn was annually distributed among them at the public expense, 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 as- semblies ; hence they were called turba forensis, Liv. ix. 46, and from their venality and corruption, Operje conducts vel mercenarii, in allusion to mercenary workmen, Cic. Sext. 17. & 27. Q.fratr. ii. \.Att. i. 13. Operje coNDucTORUM,»Sea;/. 50. multitudo conducta. Phil. i. 9. conciones conducts, Sext. 49 and 53. Concionalis hirudo azrariiy misera ac jejuna plebecula, Att. i. 16. Faex et sob- des urbis, lb. 13. Urbana etperdita Plebs, Id. vii. 3. Cicero often opposes the populace, (populus, plebs, multitudo, tenuiores, &c.) to the principal nobility, (principes delecti, Optimates et Op timatium principes, honesti, boni, locupletes, fyc.) Cic. Sext. 48. 68. &c. There were leading men among the populace, (duces multitudinum,) kept in pay by the seditious magistrates, who used for hire to stimu- late them to the most daring outrages, Sallust. Cat. 50. Cic. Sext* 37. 46. The turbulence of the common people of Rome, the natu- ral effect of idleness and unbounded licentiousness, is justly reckoned among the chief causes of the ruin of the republic. Trade and manufac- tures being considered as servile employments, Sallust. Cat. 4. Dionys* ix. 25. they had no encouragement to industry ; and the numerous spectacles which were exhibited, particularly the shows of gladia- tors, served to increase their natural ferocity. Hence they were always ready to join in any conspiracy against the state, Sallust. Cat. 37. OTHER DIVISIONS OF THE ROMAN PEOPLE. 1. PATRONS AND CLIENTS ; NOBILES, NOV?, AND IGNOBILES ; OPTIMATES AND POPULARES. That the patricians and plebeians might be connected together by the strictest bonds, Romulus ordained that every plebeian should choose from the patricians any one he pleased, as his PATRON or protector, whose CLIENT he was called, (quod eum colebat.) It was the part of the Patron to advise and to defend his client, to assist him with his interest and substance ; in short, to do every PATRONS AND CLIENTS, &c. 37 thing for him that a parent uses to do for his children. The Client was obliged to pay all kind of respect to his patron, 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 other- wise, 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 observance, and, for more than 600 years, we find no dissentions between them, Ibid, Virgil joins to the crime of beating one's parent that of defrauding a client, Mn. 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 pro- tection of illustrious Roman families ; As the Sicilians under the pa- tronage of the Marcelli, Cic. in Ccecil, 4. Verr. iii. 18. Cyprus and Cappadocia under that of Cato, Cic, Fara. xv. 4. the Ailobroges un- der the patronage of the Fabii, Sallust. Cat. 41. the Bononienses, of the Antonii, Suet, Aug. 1 7. Lacedaemon, of the Claudii, Id. Tib. 6. Thus the people of Puteoli chose Cassius and the Bruti for their patrons, Cic. Phil. ii. 41. Capua chose Cicero, Cic. Pis. 11. Fara. xvi. 11. &c. This however seems to have taken place also at an early period, Liv. ix. 20. &c. Those whose ancestors or themselves had borne any Curule ma- gistracy, that is, had been Consul, Praetor, Censor or Curule iEdile, were called NOBILES, and had the right of making images of them- selves, (JUS IMAGINUM,) which were kept with great care by their posterity, and carried before them at funerals, Phn. xxxv. % These images were nothing else but the busts or the effigies of persons down to the shoulders, made of wax and painted ; which they used to place in the courts of their houses, (atria,) enclosed in wooden cases, and which they seem not to have brought out except on solemn occasions, Polyb. vi. 5 1 . There were titles or inscriptions written below them, pointing out the honours they had enjoyed, and the exploits they had performed, (Juvenal. Sat. viii. 69. Plin. xxxv. 2.) Hence imagines is often put for nobilitas, Sallust. Jug. 85. Liv. iii. 58. and cera for imagines, Ovid. Amor. i. 8. 65. Anciently this right of images was peculiar to the patricians ; but afterwards the plebeians also acquired it, when admitted to curule officers. Those who were the first of their family that had raised themselves to any curule office, were called homines NOVI, new men or upstarts. Hence Cicero calls himself Homo per se cognitus, in Cat. i. 11* Those who had no images of their own or of their ancestors, were called 1GNOB1LES. Those, who favoured the interests of the senate, were called OP- TIMATES, 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. 38 ROMAN ANTIQUITIES. This was a division of factions, and not of rank and dignity, Dionys. ix. i. The contests betwixt these two parties excited the greatest commotions in the state, which dually terminated in the extinction of liberty. II. GENTES and FAMILY ; NAMES of the Romans; INGENUI and L1B£HTIN1, &c. The Romans were divided into various clans, (GENTES,) and each 'gens into several families, (in Familias v. Stirpes,) Thus in the Gens Cornelia were the families of the Scipiones, Lentuli, Ce- thegi, Dolabella, Cinnm, Sylla, &x. Those of the same gens were called GENTILES, and those of the same family, AGNATI, Cic. Top, c, 6. Festus in Voce Gentilis. But relations by the father's side were also called Agnatic to distinguish them from Cognati, rela- tions only by the mother's side. An Agnatus might also be called Cognatus, but not the contrary. Thus patruus, the father's brother, was both an agnatus and cognatus ; but avunculus, the mother's brother, was only a cognatus, Digest. Anciently patricians were only said to have a gens, Liv. x. 8. Hence some patricians w r ere said to be majorum gentium, and others minorum gentium, Cic. Fam. ix. 21. But when the plebeians ob- tained the right of intermarriage with the patricians, and access to the honours of the state, they likewise received the rights of gentes, (jura gentium, vel gentilia ;) which rights were then said to be con- founded by these innovations, Liv. 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, Suet, Tib, 1 . Hence also sine gente, for libertinus et non generosus ignobly born, Horat, Sat, ii. 5. 15. To mark the different gentes and familioz, and to distinguish the individuals of the same family, the Romans, at least the more noble of them, had commonly three names, the Pramomen, Momen, and Cognomen, Juvenal, v. 126. Quinctil. viii. 3. 27. The PRiENOMEN was put first, and marked the individual. It was commonly written with one letter ; as A, for Aulus ; C. Caius ; D, Decimus; K, Kceso ; L, Lucius ; M, Marcus $ M\ Manius ; N. Numerius ; P. Publius ; Q, Quintus ; T, Titus 7 sometimes with two letters ; as, Ap, Appius ; Cn, Cneius ; Sp, Spurius ; Tu Tiberius ; and sometimes with three ; as, Mam, Mamercus $ Ser, Servius ; Sex* Sextus, The NOMEN was put after the 'Pramomen, and marked the gens, and commonly ended in ius ; as, Cornelius, Fabius, Tullius, Julius, Octavius, Sic, The COGNOMEN was put last, and marked the familia ; as, Ci- cero, Cmsar, &c. Thus in Publius Cornelius Scipio, Publius is the Pramomen, Cornelius, the Nomcn ; and Scipio, the Cognomen. Some gentts seem to have had no surname : as, the Marian : thus, C. Marius, Q. Sertorius, L, Mummius, Plutarch, in Mario. G GENTES, FAMTLM, &c. 39 and familia seem sometimes to be put the one for the other: thus, Fabia gens, v. familia, Liv. ii. 49. Sometimes there was also a fourth name, called the AGNOMEN or Cognomen, added for some illustrious action or remarkable event. Thus Scipio was named Africanus, from the conquest of Carthage and Africa. On a similar account, his brother Lucius Cornelius Scipio was named Asiaticus. So Quintus Fabius Maximus was called Cunctator, from his checking the impetuosity of Hannibal by decli- ning battle. We find likewise a second Agnomen or Cognomen, added ; thus, the latter Publius Cornelius Scipio Africanus is called JEmilianus, because he was the son of L. iEmilius Paulus, and adopted by the son of the great Scipio, who had no children of his own. But he is commonly called by authors Africanus Minor, to distinguish him from the former Scipio Africanus. The Romans at first sejem to have had but one name ; as Romulus, Remus, &c. or two; as, Numa Pompilius, Tullus Hostilius, Ancus Martius, Tarquinius Priscus, Servius Tullius, Sextus Tarquinius. But when they were divided into tribes or clans and families, (in gentes et familias.) they began commonly to have three; as, L. Ju- nius Brutus, M. Valerius Poplicola, &c. The three names, however, were not always used ; commonly two, and sometimes only one, namely, the surname, Sail, Cat. 17. Cic. Epist. passim. But in speaking to any one, the prmnomen was ge- nerally used, as being peculiar to citizens ; for slaves had no promo- men. Hence, Gaudent prcenomine molles auricula, Hor. Sat. ii. 5. 32. The surnames were derived from various circumstances, either from some quality of the mind ; as Cato from wisdom, i. e, Cuius, wise, Cic. de Sen. 2. &c. or from the habit of the body, as Calvus, Crassus, Macer, &c. or from cultivating particular fruits, as Lentulue, Piso, Cicero, &c. Certain surnames sometimes gave occasion to jests and witty allusions ; thus, Asina, Hor. Ep. i. 13. 9. So Serra- nus Calatinus, Cic. pro Sext. 33. Hence also in a different sense Virgil says, Vel te sulco, Serrane, serenlem, Mn. vi. 844; for Q, Cincinnatus was called Serranus, because the ambassadors from the senate found him sowing, when they brought him notice that he was made dictator, Plin. xviii. 3. The Pramomen used to be given to boys, on the 9th day, which was called dies lustricus, or the day of purification, when certain reli- gious ceremonies were performed, Macrob. Sat. 1.16. Suet. Ner. 6. The eldest son of the family usually got the Pr&nomen of his father ; the rest were named from their uncles or other relations. When there was only one daughter in a family, she used to be called from the name of the gens ; thus, Tullia, the daughter of Ci- cero ; Julia, the daughter of Caesar ; Octavia, the sister of Augustus, &c. and they retained the same name after they were married. When there were two daughters, the one was called Major and the other Minor; thus, Cornelia Major, Cornelia Minor. If there were more than two, they were distinguished by their number ; thus, Pri- 40 ROMAN ANTIQUITIES. ma, Secunda, Tertia, Qwrta, Quinta, frc. Varro de Lat. Ling. viii. S8. Suet. Jul. 50. Or more softly, Tertulla, Quartilla, Quintilla, fyc. Cic. Att. xiv. 20. Women seem anciently to have also had praenomens, which were marked with inverted letters ; thus, q for Caia, y for Lucia, &c. During the flourishing state of the republic, the names of the gen* tes, and surnames of the families 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 liberty they were changed and confounded.* Those were called LIBERI, free, who had the power of doing what they pleased. Those who were born of parents who had been always free, were called INGENUI. Slaves made free were called LIBERTI and LIBERTINI. They were called Liberti in relation to their masters, and Libertini in relation to free-born citizens ; thus, Libertus meus, libertus Ccesaris. and not libertinus ; but libertinus ho- mo, i. e. non ingenuus. Servus cum manu mittitur,fit libertinus, (non libertus,) Quinctil. 8. 3. 27. Some think that Libertini were the sons of the Liberti, from Sue- tonius, 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 wri- ters who flourished indifferent ages. Plant. Mil. Glor. iv. 1. 15. & 16. Cic. in Verr. i. 47. Those whom Cicero, de Orat. i. 9. calls Li- bertini, Livy makes qui servitutem servissent, 45. 15. Hence Sene- ca often contrasts Servi et Liberi, Ingenui et Libertini, de Vit. 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, {Servi aut nascebantur zutjiebant.) 1. Those enemies, who voluntarily laid down their arms, and sur- rendered themselves, retained their rights of freedom, and were call- ed DEDITITII, Liv. vii. 31. Cats. i. 27. But those taken in the * The first imposition of names was founded on different views, among different people ; the most common was to mark the good wishes of the parents. Hence Vic- tor, Faustus, Probus, &c. Such names are by Cicero called bonanomina, and by Ta- citus fausta. The greatest part of names found in Homer are marks of distinction, given in honour of the qualities most esteemed in the heroic ages. Such were Tle- polemus, jimphimachus, Eumedes, Patroclus, Sec. Hence Camden takes it for grant- ed, that names in all nations and languages are significative. The ancient Britons generally took their names from colours. Our Christian names are derived from various languages ; 1st. from the Hebrew, as David, Sampson, Daniel : 2d. from the German, as Robert, William, Henry: 3d. from the Greek, as Peter, Andrew, George, &c. : 4th. from the Latin, as Porapey, Claudius, Lucius, &c. See Camden's Remains. In Monasteries the Religious assume new names at their admittance. The Popes also changed their names at their exaltation to the Pontilicate. Towards the middle of the 15th century, it was the fancy of the learned men of the age, particularly in Italy, to change their baptismal names, for classical ones. For the origin and time of intro- duction of surnames, &c. see Encyclopasdia Britanicc SLAVES. 4\ field, or in the storming of cities, were sold by auction (sub corona^ as it was termed, Liv. v. 22. &c. because they wore a crown when sold ; or sub hasta, because a spear was set up where the crier or auctioneer stood.) They were called SERVI, (quod essent bello ser- vati,) Isidor. ix. 4. or MANCIPIA, (quasi manu capti,) Varr. L. L. v. 8. 2. There was a continual market for slaves at Rome. Those who dealt in that trade (MANGONES vel VENALITII, Cic. Orat. 70. qui venales habebant, Plaut. Trin. ii. 2. 51.) brought them thither from various countries. The seller was bound to promise for the soundness of his slaves, and not to conceal their faults, Ho rat. Sat, ii. 3. 285. Hence they were commonly exposed to sale (produce- bantur) naked ; and they carried a scroll (titulus vel inscriptio) hang- ing at their necks, on which their good and bad qualities were speci- fied, Gell. iv. 2. If the seller gave a false account, he was bound to make up the loss, Cic. Off. iii. 16. & 17. or in some cases to take back the slave, Ibid. 23. Those whom the seller would not warrant, (prcestare,) were sold with a kind of cap on their head, (pileati^ Gell. vii. 4.) Those brought from beyond seas had their feet whitened with chalk, (cretatis v. gypsatis pedibus, Plin. Nat. Hist. xxxv. 17. & 18. s. 58. Tibull. ii. 3. 64.) and their ears bored, (auribus perforatis,) Juvenal, i. 104. Sometimes slaves were sold on that condition, that if they did not please, they should be returned (redhiberentur) within a limited time, Cic. Off. iii. 24. Plaut. Most. iii. 2. 113. Festus. Fo- reign slaves, when first brought to the city, were called VENALES, or Servi novicii, Cic. pro Quinct. 6. Plin. Ep.'i. 21. Quinctilian, i. 12. 2. viii. 2. 8. Slaves who had served long, and hence were become artful, veteratores, Terent. Heaut. v. 1. 16. It was not lawful for free-born citizens among the Romans, as among other nations, to sell themselves for slaves. Much less was it allowed any other person to sell free men. But as this gave oc- casion 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 slavery. 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 insol- vent debtors, who were given up as slaves to their creditors, (inservi- tutem creditoribus addicti,) Quinctilian. vi. 3. 26. v. 10. oO. 3. Criminals were often reduced to slavery by way of punishment. Thus those who had neglected to* get themselves enrolled in the cen- sor's books, or refused to enlist, (qui censum aut miiitiam subterfuge- rant,) had their goods confiscated, and after being scourged, were sold beyond the Tiber, Cic. pro Ccecina, 24. Those condemned to the mines, or to fight with wild beasts, or to any extreme punish- ment, were first deprived of liberty ,.and by a fiction of law, termed slaves of punishment, (servi pamas fngebantur.) 6 42 ROMAN ANTIQUITIES. 4. The children of any female slave became the slaves of her mas- ter. There was no regular marriage among slaves, but their con- nection was called CONTUBERN1UM, and themselves, Contuber- nales. Those slaves who were born in the house of their masters, were called VERNiE, or Vernaculi ; 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 FAMILIA, Nep. Att. 13. Cic. Paradox, v. 2. (Familia constat ex servis pluribus, Cic. Caecin. 1 9. Quindecim liberi homines, populus est $ totidem servi, familia: totidem vincti, ergastulum, Apulei. Apol.) and the slaves, Farniliares, Cic. pro Coel. 23. Plaut. Amphit. Prol. 127. Hence fa- ynilice philosophorum, sects, Cic. Jin. iv. 18. Divin. ii. 1. Att. ii. 16* Sententia, quce familiam. ducit, Honestum quod sit, id esse solum bonum, the chief maxim of the Stoics, Id. fin. ii. 16. Lucius fami- liam ducit, is'the chief of the sect, Id. Phil. v. 1 1 . Accedit etiam, quod familiam ducit, &c. is the chief ground of praise, Fam. vii. 5. The proprietor of slaves was called Dominus, Terent. Eun. iii. 2. 23. whence this word was put for a tyrant, Liv. ii. 60. On this ac- count Augustus refused the name, Suet, Aug. 53. So Tiberius, Id, 27, Tacit. Annal. ii. 27. Slaves not only did all domestic services, but were likewise em- ployed in various trades and manufactures. Such as had a genius for it, were sometimes instructed in literature and the liberal arts, (artibus ingenuis, liberalibus v. honestis, 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 princi- pal 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, {literm serviles, Se- nec. Ep. 88.) was called PjEdagqgium, Plin. Ep. vii. 27. Slaves were promoted according to their behaviour : as from be- ing a drudge or mean slave in town, (Mediastinus,) to be an over- seer in the country, ( Villicus,) Horat. Ep. i. 1 4. 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 Casern. 59. Among the Romans, masters had an absolute power over their slaves. They might scourge or put them to death at pleasure, Ju- venal. Sat. vi. 219. This right was* exercised with so great cruelty, especially in the corrupt ages of the republic, that laws were made at different times to restrain it. The lash was the common punish- ment ; but for certain crimes they used to be branded in the fore- head, and sometimes were forced to carry a piece of wood round their necks, wherever they went, which was called FURCA ; and whoever had been subjected to this punishment, was ever afterwards SLAY! 43 called FURCJFER. A slave that had been often beaten, was called MASTIGIA, Ter. Adelph. v. 2. 6. or VERBERO, Id. Phorm. iv. 4. 3. A slave who had been branded, was called STIGMATIAS, v. -iciis. i. e. notis compunctus, Cic. Off. ii. 7. Inscriptus* Mart. viii. 75. 9. Literatus, Plaut. Cas. ii. 6. 49. (i. e. Uteris inscriptus: as, urna litcrata, Plaut. Rud. ii. 5. 21. ensiculus literatus, &c. Id, iv. 4. 1 12.) Slaves also by way of punishment 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, Plaut. et Ter. passim, et Senec. de Bene/, iv. 37. Persons^employed to apprehend and bring back (retrahere, Ter. Heaut. iv. 2. 65.) slaves who fled from their masters, (Fugitivi, Cic Fam. v. 9.) were called Fugitivarii, Flor. iii. 19. When slaves were beaten, they used to be suspended with a weight tied to their het. that they might not move them, Plaut. Asin. ii. 2. 34. &c. Aid. iv. 4. 16. Ter. Phorm. i. 4. 43. To deter slaves from offending, a thong (habend) or a lash made of leather was commonly hung on the staircase, (in scalis,) Horat. Ep. ii. 2. 15. but this was chiefly appiied to younger slaves, Scholiast, ibid. Impuberes habend vel fei'ida. plectebantur, Uipian. D. i. 33. de SC. Silan. Some here join in scalis with latuit, as Cic. in Mil. 1 5; Phil. ii. 9. Slaves when punished capitally were commonly crucified, Juvenal. vi. 219. Cic. in Verr. v. 3. 64. &c. but this punishment was prohi- bited under Constantine. \{ a master of a family was slain at his own house, and the mur- derer 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.) Plin. Ep. viii. 16 : nor could slaves serve as soldiers, Id. x. 39. unless first made free, Serv. in Virg. JEn. ix. 547. except in the time of Hannibal, when, after the battle of Cannae, 8000 slaves were armed without being freed, Liv. xxii. 57. These were called VOLONES, because they enlisted voluntarily, Festus ; and afterwards obtained their freedom for their bravery, Liv. xxiv. 16. Slaves had a certain allowance granted them for their sustenance, (DIMENSUM,) commonly four or five pecks (modii) of grain a month, and five denarii, which was called their MENSTRUUM, Donat. 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 procured 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 4£ ROMAN ANTIQUITIES. slave for themselves, from whose labours they might make profit. Such a slave was called Servi VICAR1US, Horat, Sat. ii. 7. 79. Cic. Verr, i. 36. Plaut. Asin. ii. 4. 27. Martial, ii. 18. 7. and constituted part of the peculium, with which also slaves sometimes purchased their freedom. Cicero says that sober and industrious slaves, at least such as became slaves from being captives in war, seldom re- mained in servitude above six years, Phil. viii. 11. At certain times slaves were obliged to make presents to their masters out of their poor savings, (ex eo quod de dimenso suo unciatim comparserint.) Te- rent. ibid. There was sometimes an agreement between' the master and the slave, that when the slave should pay a certain sum, the mas- ter should be obliged to give him his liberty, Plaut. Aid. v. 3. Casin. ii. 5. 6. &c. Rud. iv. 2. 23. Tacit, xiv. 42. Although the state of slaves in point of right was the same, yet their condition in families was very different, according to the plea- sure of their masters, and their different employments. Some were treated with indulgence ; some served in chains, as janitors and door-keepers, (ostiarii;) and so in the country, catenati cultores, Flor. iii. 19. Vincti fossores, Lucan. vii. 402. others were confined in workhouses below ground, (in ergastuUs subterraneis.) So Pliny, Vincti pedes, damnatee, manus, inscriptique vultus, 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 masters, Auson. de Fer. Rom. ii. 15. and on the Ides of August, Festus. The number of slaves in Rome and through Italy was immense, Juvenal, iii. 140. Some rich individuals are said to have had several thousands, Seneca de Tranq. An, viii. Wars were sometimes exci- ted by an insurrection 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 (annua) granted them by the public, Plin. Epist. x. 30. 40. There were also persons attached to the soil, (adscriptitii, vel gleba adscriptif) concerning the state of whom, writers are not agreed. Slaves anciently bore the praenomen of their master; thus, Mar- cipores, Lucipores, Publiporcs, (quasi Marti, Lucii, Publii pueri, &c.) Quinclilian i. 4. 26. Afterwards they got various names, either from their country, or from other circumstances ; as Syrus, Davus, Geta, Parmeno, &c. in comic writers ; Tiro, Laurea, Dionysius, &c. in Cicero. But slaves are usually distinguished in the classics by their different employments ; as Medici, Chirurgi, Padagogi, Gram- matici, Scribas, Fabri, Coqui, &c. Slaves were anciently freed in three ways. Censu, Vindkta, et Tes- taments, Cic. Topic. 2. scu 10. SLAVES. 45 1 . Per CENSUM, when a slave, with his master's knowledge, or by his order, got his name inserted in the Censor's roll, Cic. Ccecin* 34. s. 99. 2. Per VINDICTAM, when a master going with his slave in his hand to the Praetor, or Consul, and in the provinces, to the Procon- sul or Propraetor, said, " 1 desire that this man be free according to the custom of the Romans ;" Hunc homi^em liberum esse volo more vel jure Quiritium ; and the Praetor, 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 Romans." Whereupon the lictor, or the master, turning him round in a circle, (which was called VERTIGO, Pers. Sat. v. 75.) and giving him a blow on the cheek, (alapa, Isidor. ix. 4. whence, rrmlto majoriv ala- pae mecum veneunt, Liberty is sold, &c. Phazdr. ii. 5. 22.) let him go, (e manu cmittebat,) signifying, that leave was granted him to go where he pleased. The rod with which the slave was struck, was called VINDICTA, as some think, from Vindicius 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 libertatem, to free. Mulier, modo quam vin~ dicta redemit, a woman lately freed, Ovid. Art. Am. iii. 615. 3. Per TESTAMENTUM, when a master gave his slaves therr liberty by his will. If this was done in express words, (verbis direc- tis,) as for example, Davus servus meus liber esto : such freed men were called ORCINI or Charonitw, 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 Caesar, were by the vulgar called SENATORES ORCINI, Suet. Aug. 35. But if the Testator signified his desire by way of request, (verbis precativis,) thus, Rugo heredem meum, ut Davum manumittat ; the heir (hasres Jiduciarius) retained the rights of patronage.* Liberty procured in any of those methods was called Just a Li- BERTAS. In later times slaves used to be freed in various other ways ; by * Slavery, at a very early period after the Flood, prevailed, perhaps, in every region of the Globe. In Asia it is practised to this day. The savage nations of Af- rica have at no period been exempted from this opprobrium of our nature. In Ger- many, and in other countries of Europe, slaves were generally attached to the soil, as in Russia and Poland, at the present day. They were generally employed in tending cattle, and in conducting the business of agriculture. Tavitus de moribus Germanorum. Among the ancient Germans, according to the same author, it was not uncommon for an ardent gamester to stake his personal liberty on a throw of the dice. The latter species of slaves wtre alone considered as materials of commerce. In England, now so tenacious of the rights of man, a species of slavery, similar to that among the ancient Germans, subsisted, even to the end of the 16th century, as appears from a Commission issued by Queen Elizabeth in 1574. Colliers and salters •were not totally emancipated from every vertige of slavery, t.iil about the year 1750. Before that period the sons of colliers could follow no other business, but that of Uieir fathers ; nor could Uiey seek employment in any other mines, than in th^e to which they were attached by birth. See Encyclop. B. 46 ROMAN ANTIQUITIES. letter, (per epistolam ;) among friends, (inter amicos,) when before five witnesses a master ordered his slave to be free ; or by table, (per mensam,) if a master bid a slave eat at his table ; Plin. Epist. vii. 16. for it was thought disgraceful to eaf with slaves or mean persons, and benches (subsellia) were assigned them, not couches. Hence imi subs el Hi vir, a person of the lowest rank, Plant. Stick, iii. 4. 32. There were many other methods of freeing slaves, but these did not confer complete freedom. They only discharged them from servi- tude, 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. & 32. Anciently the condition of all freed slaves was the same ; they ob- tained the freedom of the city with their liberty, Cic. pro Balbo, 9. according to the institution of Servius Tuliius, Dionys. iv. 22. & 23. They were, however, distributed among the four city tribes, as being more ignoble, Liv. Epit, xx. But afterwards, when many worth- less and profligate persons, being freed by their masters, thus invaded the rights of citizens, various laws were made to check the license of manumitting slaves. No master was allowed to free by his will above a certain proportion of the number he had ; but not above 100, if he had even 20,000, which number some individuals are said to have possessed, Allien. Deipnosoph. vi. 20. Hence Se- neca speaks oivasta spaiiaierr drum per vinclos colenda; etfamilia bellicosis natiombus major de Benef. viii. 10. and Pliny, of legions of slaves, so that a master needed a person to tell him their names, (no- menclator,) xxxiii. 1. s. 6. So Petronius Arbiter, 37. & 117. Augus- tus ordained by law, called JElia Sentia, that no slave, who had ever for the sake of a crime been bound, publicly 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 Deditilii, who were indeed free, but could not aspire to the advan- tages of Roman citizens, Suet. Aug. 40. The reason of this law may be gathered from Dionys* iv. 24. Afterwards by the law called Juhia Norbana, because it was passed in the consulship of L. Junius Norbanus, A. U. 771. those freed per epistolam, inter arnicas, or by the other less solemn methods, did not obtain the rights of Roman citizens, but of the Latins, who were transplanted into colonies. Hence they were called LAT1N1 JU- NIANI, or simply LATINI, Phn. 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, Serv. ad Verg. JEn. viii. 564. Liv. xlv. 44. Hence, Ad pileum servum vocare, for ad libertatem, Liv. ibid. They also were presented with a white robe and a ring by their master. They then assumed a pramomen, and prefixed the name of their patron to their own. Tims, Marcus Tuliius Tiro, the freedman of Cicero. In allusion to which, Persius says, Vtrterit hunc Dominus $ momento turbinis exit MARCUS Da- ma* Sat. v. 77. Hence Tanquam. habeas tria nomina, for tanquam /; RIGHTS OF ROMAN CITIZENS. 47 sis, Juvenal, v. 120. So foreigners, 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 pa- tron was 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 succeeded to his effects. Those freedme:. who proved ungrateful to their patrons, were condemned to the mines (ad lautumias); and the Emperor Claudius, by a law, reduced them to their former slavery, (in servitutem revo- cavit,) Suet. Claud. 25. Libertum, qui probaius fuerit patrono dela- tores summisisse, qui de statu ejus facerent ei qucestionem, servum pa- troni esse jus sit, L. b, Dig. de jure Patron, RIGHTS of ROMAN CITIZENS, and of the different Inhabitants of the ROMAN EMPIRE. While Rome was but small and thinly inhabited, whoever 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 taken from thence to punishment, Id. xxxv. 51. Tac. Ann, iii. 60. Even vanquished enemies were trans- planted to Rome, and became citizens. In this manner the freedom of the city was granted by Romulus to the Caminenses, Camerini, Antemnates, Crustumini, and at last also to the Sabines. This ex- ample 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 splendour, new citizens were assumed from the Vientes, 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 city was granted to several foreign towns, which were called MUJ^ICI- P1A, and the inhabitants MUNICIPES, because they might enjoy offices at Rome, (munia v. muntra caper c poterant.) When any of these fixed their abode at Rome, they became Cives Ingexui. Cic. Brut. 75. de Legg. ii. 2. Hence it happened, that the same person might enjoy the highest honours both at Rome, and in his own free town. Thus Milo, while he stood candidate for the Consulship at Rome, was Dictator in his own native city, Lanuvium, Cic. pro Mil. 37. The free town in winch one was born was called patria ger- 48 ROMAN ANTIQUITIES. mana, natum vel loci. Rome, (qua exceptm est,)patria communis, civitatis vel juris. Cic. de Legg. ii. 2. But when the Roman empire was more widely extended, and the dignity of a Roman citizen of coarse began to be more valued, the freedom of the city (jus 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 Caere were the first who obtained the freedom of the city without the right of voting ; for having received the sacred things of the Roman people, the Ves- tal Virgins and priests, when they fled from the Gauls, A* Gell, xvi. 1 3. The freedom of the city was soon after given in this manner to the people of Capua, Fundi, Formiae, Cumae, and Sinuessa, Liv. viii. 14. to the inhabitants of Acerra, ibid. 17. and of Anagnia, &c. The inhabitants of Lanuvium, Aricia, Nomentum, Pedum, recei- ved the freedom of the city, with the right of voting, Liv. viii. 14. and of Privernum, (Privernates,) 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 Rubicon on the upper sea, and of the city Luca on the lower sea. Afterwa ids the same right was granted to Cisal- pine Gaul, which hence began to be called Gallia Togata. Augustus was very sparing in conferring the freedom of the city ; but the suc- ceeding Emperors were more liberal, and at different times granted it to different cities and natious. At last Caracalla granted the free- dom of Roman citizens to all the inhabitants of the Roman world. Those who did not enjoy the right of citizens were anciently call- ed HOSTES, and afterwards PEREGRINI, Cic. Of. 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 Quiritium, Jus Lain, Jus Italicum, Jus Provincia- rum vel Provinciale. JUS QUIRITIUM comprehended all the rights of Roman citi- zens, which were different at different times. These rights were either private or public : the former were properly called Jus Qui- ritium, 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 na- turalization. 1. PRIVATE RIGHTS of ROMAN CITIZENS. The private rights of Roman citizens were, 1. Jus Libertatis, the right of liberty : 2. Jus Gmtilitalis et Familice. the right of family ; 3. Jus Connubii, the right of marriage ; 4. Jus Patrium, the right of a father; 5. Jus Domini i Legitimi, the right of legal property; 6. Jus Testamenti et H&reditatis, the right of making a will, and of suc- ceeding to an inheritance ; and 7. Jus Tutelce, the right of tutelage or wardship. RIGHTS OF ROMAN CITIZENS, 49, 1. The RIGHT of LIBERTY. This comprehended FREEDOM, not only from the power of masters, (dominorum), but also from the dominion of tyrants, the se- verity of magistrates, the cruelty of creditors, and the insolence of more powerful citizens. After the expulsion of Tarquin, a law was made by Brutus, that no one should be king at Rome ; and that whoever 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 suf- fer a king to be created. Roman citizens were secured against the tyrannical treatment of magistrates, first, by the right of appealing from them to the people, and that the person who appealed should in no manner be punished, till the people determined the matter ; but chiefly, by the assistance of the tribunes. None but the whole Roman people in the Comitia Centuriata, could pass sentence on the life of a Roman Citizen. No magistrate was allowed to punish him by stripes or capitally. The single expres- sion, u I am a Roman Citizen," checked their severest decrees, Cic* in Verr. v. 54. & 57. &c. Hence, QUIRITARE dicitur, qui Qui- ritiumfidem damans implorat. Varro de Lat. Ling. v. 7. Cic. ad Fam. x. 32. Liv. xxix. 8. Acts xxii. 25. By the laws of the twelve tables it was ordained, that insolvent debtors should be given up (addicerentur) to their creditors to be bound in fetters and cords, (compedibus et nervis,) whence they were called NEXI, OB^RATI, et ADDICTI. And although they did not entirely lose the rights of freemen, yet the} were in actual slave- ry, 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 (cor- pus) literally, according to some, but more probably, according to others, his effects, might be cut into pieces, (secari,) and divided among his creditors, A. Gell. xx. 1 . Thus sectio is put for the pur- chase 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 themselves, Cats, de Bell. Gall. ii. 33. Cic. Inv. i. 45. and sectores for the purchasers, Ascon, in Cic. Verr. i, 23. because they made profit by selling them in parts ; (a seco.) Hence Sectores col- lorum et bonorum i. e. qui proscriptos occidebant et bona eorum erne- bant, Cic. Rose. Am. 29. To check the cruelty of usurers, a law was made, A. U. 429, whereby it was provided, that no debtors should be kept in irons or 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 this, as it did not free them from prison, often afterwards demanded an entire abolition of debts, which 1. 50 ROMAN ANTIQUITIES. they used to call NEW TABLES. But this was never granted them. At one time, indeed, by 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, Veil. ii. 23. an as for a ses- tertius, and a sestertius for a denarius; or 25 for 100, and 250 for 1000. Julius Caesar, after his victory in the civil war, enacted some- thing of the same kind, Coes. Bell. Civ. iii. 1. Suet. Jul. 14. 2. The RIGHT of FAMILY. Each gens and each family had certain sacred rites, peculiar 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 (ag- nati) failed, those of the same gens (gentiles) succeeded, in prefer- ence to relations by the mother's side (cognati) of the same family (familia). No one could pass from a Patrician family to a Plebeian, or from a Plebeian to a Patrician, unless by that form of adoption, which could only be made at the Comitia Curiata. Thus Clodius, the enemy of Cicero, was adopted by a Plebeian, that he might be created a tribune of the commons, Cic. Dom. 15. Att. i. 18. & 19. 3. The RIGHT of MARRIAGE. No Roman citizen was permitted to marry a slave, a barbarian, or a foreigner, unless by the permission of the people; as Liv. xxxviii. 36. CONNUBIUM est matrimonium inter cives ; inter ser- vos autem, out inter civium et peregrina conditionis hominem, aut ser- vilis, non est Connubium, sed CONTUBERNIUM, Boeth. in Cic, Top. 4. By the laws of the Decemviri, intermarriages between the Patricians and Plebeians were prohibited. But this restriction was soon abolished, Liv. iv. 6. Afterwards, however, when a Patrician lady married a Plebeian, she was said Patribus enubere, and was ex- cluded from the sacred rights of Patrician ladies, Liv. x. 23. When any woman married out of her clan, it was called Gentis enuptio ; which likewise seems anciently to have been forbidden, Liv. xxxix. 19. The different kinds of marriage, &c. will be treated of after- wards. 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. Heaut. iv. 1. Suet. Octav. 65. Calig. 5. Tacit. Hist. iv. 5. Senec. de Ben. iii. 13. &c. and a new- born infant was not held legitimate, unless the father, or in his ab- sence some person for him, lifted it from the ground, (terra levdsset,) and placed it on his bosom: hence toller e filium, to educate; non tol- lere, to expose. But even when his children were grown up, he might imprison, scourge, send them bound to work in the country, and also put them to death by any punishment he pleased, if they RIGHTS OF ROMAN CITIZENS. >>1 deserved it, Sail. Cat. 39. Liv. ii. 41. viii. 7. Diongs. 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. 1 5. ix. 22. A son could acquire no property but with his father's consent; and what he did thus acquire was called his PECULIUM, as that of a slave, Liv. ii. 41. If he acquired it in war, it was called PE- CULIUM 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, un- less sold three times. The power of the father was suspended, when the son was promoted to any public office, but not extinguish- ed, Liv. ib. For it continued not only during the life of the children 5 but likewise extended to grandchildren, and great grandchildren. 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. EMANCIPATION and ADOPTION. When a father wished to free his son from his authority, (EMAN- CIPARE,) it behoved him to bring him before the Praetor, or some magistrate, (apud quern legis actio erat,) and there sell him three times, per jes et libram, as it was termed, to some friend, who was called Pater Fiduciarius, because he was bound after the third sale to sell him back (remancipare) to the natural father. There were besides present, a Libripens, who held a brazen ba- lance •, five witnesses, Roman citizens, past the age of puberty ; and an antestatus, who is supposed to be so named, because he summon- ed the witnesses by touching the tip of their ears, Hor. Sat. i. 9. 76. In the presence of these, the natural father gave over (manci- pabat, i. e. manu iradebat) his son to the purchaser, adding these words, Mancupo TiBi hunc filium, qui meus est. Then the pur- chaser, holding a brazen coin, (sestertius,) said, Hunc ego hominem ex Jure Quiritium meum esse aio, isque mihi emptus est hoc ;ere, ^eneaque 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 being manumitted once and again, fell back into the power of his father; the imaginary sale was thrice to be repeat- ed, either on the same day, and before the same witnesses, or on dif- ferent days, and before different witnesses ; and then the purchaser, instead of manumitting him, which would have conferred a. jus pa- tronatus on himself, sold him back to the natural father, who imme- diately manumitted him by the same formalities as a slave, (Libra et cere lib eratum emit tebat, Liv. vi. 14.) Thus the son became his own master, (sui juris f actus est,) Liv. vii. 16. The custom of selling per as vel assent et libram, took its rise from this : that the ancient Romans, when they had no coined money, 52 ROMAN ANTIQUITIES. 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 grandchildren, the same formalities were used, but only once, (unica mancipatio sufficiebat ;) they were not thrice repeated, as in emancipating a son. But these formalities, like others of the same kind, in process of time came to be thought troublesome.. Athanasius, therefore, and Justinian, invented new modes of emancipation. Athanasius appointed, that it should be sufficient, if a father showed to a judge the rescript of the Emperor for emancipating his son ; and Justinian, that a father should go to any magistrate competent, and before him, with the consent of his son, signify, that he freed his son from his power, by saying, Hunc sui Juris esse patior, meaque manu mitto. When a man had no children of his own, lest his sacred rites and name should be lost, he might assume strangers (extraneos) as his children by adoption. If the person adopted was his own master, (sui juris,) it was called ARROGATIO, because it was made at the Comitia Curiata, by pro- posing a bill to the people, (per populi rogationem,) Gell. v. 19. If he was the son of another, it was properly called ADOPTIO, and was performed before the Praetor or President of a province, or any other magistrate, (apud quern legis actio erat.) The same for- malities were used as in emancipation. It might be done in any place, Suet, Aug. 64. The adopted passed into the family, and name, and assumed the sacred rites of the adopter, and also succeed- ed to his fortune. Cicero makes no distinction between these two forms of adoption, but calls both by the general name of Adoptio. The RIGHT of PROPERTY. Things, with respect to property among the Romans, were va- riously divided. Some things were said to be of DIVINE RIGHT, others of HUMAN RIGHT : the former were called sacred, (RES SA£R^E 5) as, altars, temples, or any thing publicly consecrated to the gods by the authority of the pontiffs : or religious, (RELI- GIOSiE ;) as, Sepulchres, &c. : or inviolable (SANCTjE, i. e. aliqua sanctione munitcz ,*) as, the walls and gates of a city, Macrob. Sat. iii. 3. These things were subject to the law of the pontiffs, and the pro- perty of them could not be transferred. Temples were rendered sacred by inauguration or dedication, that is, by being consecrated by the augurs, (consecrata inaugurataque.) Whatever was legally con- secrated, was ever after unapplicable to profane uses, Plin. Ep. ix. 39. x. 58. 59. 76. Temples were supposed to belong to the gods, and could not be the property of a private person. Things ceased to be sacred by being unhallowed, (ex augur atione, Liv. i. 55.) Any place became religious by interring a dead body in it, 1. 6. § 4. D. de divis. rei. Sepulchres were held religious because they were dedicated to the RIGHTS OF ROMAN CITIZENS. 53 infernal gods, (Diis manibus vel inferis.) Without the permission of the pontiffs, no sepulchre could be built or repaired ; nor could the property in them be transferred, but only the right of burying in them, (jus mortuum infer endi.) The walls of cities were also dedi- cated by certain solemn ceremonies, and therefore they were held inviolable, (sancti,) and could not be raised or repaired without the authority of the pontiffs. Things of human right were called Profane, (res PROFANiE ;) and were either PUBLIC and COMMON ; as, the air, running wa- ter, the sea and its shores, &c. Virg. JEn. vii. 229. Cic. Rose, Am. 26» or PRIVATE, which might be the property of individuals. Some make a distinction between things common and public, but most writers do not. The things, of which a whole society or corpo- ration had the property, and each individual the use, were called RES UNIVERSITATIS, or more properly, RES PUBLICO, (quasi populicce, a populo, the property of the people ;) as, theatres, baths, highways, &c. And those things were called RES COM- MUNES, which either could be the property of v no one, as the air, light, &c. Ovid. Met. i. 135. vi. 349. or which were the joint pro- perty of more than one ; as, a common wall, a common field, &c. Commune, a subst. is put for the commonwealth, Cic. Verr. ii. 46, 63. & 69. Horat. Od. ii. 15. 13. Hence, in commune consul er e, pro~ desse, conferre, metuere, &c. for the public good. Things which properly belonged to nobody, were called RES NULLIUS ; as, parts of the world not yet discovered, animals not claimed, &c. To this class was referred hcerediias jacens, or an estate in the interval of time betwixt the demise of the last occupier and the entry of the successor. Things were either MOVEABLE or IMMOVEABLE. The moveable things of a farm were called Ruta Czesa, sc. et ; i.e. Eruta et Ccesa ; as, sand, coals, stones, &c. which were commonly except- ed, (recepta,) or retained by the seller, Cic. Top. 26. Orat. ii. 55. Things were also divided into CORPOREAL, i. e. which might be touched, and INCORPOREAL ; as, rights, servitudes, &c. The former Cicero calls, Res, qum sunt : the latter, Res quce intelliguntur, Topic. 5. But others, perhaps more properly, call the former, RES, things: and the latter, JURA, rights ; Quinctilian. v. 10. 116. The division of things Horace briefly expresses thus : Fait hcec sapientia quondam, Publica privatis secernere, sacra prof anis. de Art. Poet. 396, So Corn. Nepos, in vita Themist. 6. Private things (res PRIVATE) among the Romans, were either RES MANCIPI, or NEC MANC1PI. RES MANCIPI were those things which might be sold and alien- ated, or the property of them transferred from one person to ano- ther, by a certain rite used among Roman citizens only ; so that the 54 ROMAN ANTIQUITIES. purchaser might take them as it were with his hand (manu caperet) ; whence he was called MANCEPS, and the things res MANCIPI, vel Mancupi, contracted for Mancipiu And it behoved the seller to be answerable for them to the purchaser, to secure the possession (periculum judicii, vel auctoritatem, vel evictionem prcestare, &c.) Cic. pro. JMurma, 2. NEC MANCIPI res, were those things which could not be thus transferred : whence also the risk of the thing lay on the purchaser, Plant. Pers. iv. 3. 55. &c. Thus, mancipium and usus are distin- guished ; Vitaque mancipio nulli datur, in property or perpetuity, omnibus usu, Lucret. iii. 985. So mancipium and fructus, Cic. Epist. Fam. vii. 29. 30. The res MANCIPI were, — 1. Farms, either in town or coun- try within Italy; {Prczdia urbana et rustica in solo Italico;) or in the provinces, if any city or place had obtained the jus Jtalicum. Other farms in the provinces were called possessiones, not prczdia ; and because proprietors gave in an account of their families and for- tunes to the censors, they were called Prcedia censui censendo, Cic. pro Flacc. 32. — 2. Slaves. — 3. Quadrupeds, trained to work with back or neck, (dorso velcervice domiti ;) as, horses, oxen, asses, mules ; but not wild beasts, although tamed ; as, elephants, camels, — 4. Pearls (margaritce), Plin. ix. 35. s. 60. — 5. The rights of country farms, called servitudes, (SERVITUTES,) Ulpian. The servitudes of farms in the country, were, — 1. The right of going on foot through the farm of another, (ITER) ; — 2. Of driving a beast or wagon not loaded, (ACTUS ;) — 3. Of driving loaded wagons, (VIA ;)— 4. Of carrying water, (AQUEDUCTUS ;) either by canals or leaden pipes, (per canales v. Jistulas plumbeas,) Vitruv. viii. 7. — The breadth of a via, when straight, was eight feet ; at a turn, (in anfractum v. injlexu,) sixteen feet; the breadth of an actus, four feet ; but the breadth of an iter is uncertain. To these servitudes may be added, the drawing of water, (aquas haustus ;) the driving of cattle to water, (pecoris ad aquam appulsus ;) the right of feeding ; of making lime, (calcis coquendce,) and of dig- ging sand.* Farms not liable to any servitude, were called PRiEDIA LIBERA, optimo jure v. conditione optima : others, (qu& serviebant, servitutem debebant, vel servituti erant obnoxia,) were called PRiEDIA SER- VA, Cic. in Rull. iii. 2. Buildings in the city were called PRCEDIA URBANA, and were reckoned res mancipi, only by accession (jure fundi) ; for all build- ings and lands were called FUNDI ; but usually buildings in the city were called JEdes ; in the country, Villa. A place in the city without buildings, was called AREA; in the country, AGER. A field with buildings was properly called FUNDUS, • Most of these privileges, denominated by the Romany Servitules, or Serritudirw, may, and often are reserved in the sale of property amon^r us RIGHTS OF ROMAN CITIZENS. 55 The servitudes of the Pradia urbana were, — 1. Servitus ONE- RIS FERENDI, when one was bound to support the house of ano- ther by a pillar or wall ;— 2. Servitus TIGNI IMMITTENDI, when one was bound to allow a neighbour to drive a beam, a stone, or iron into his wall •, for lignum among lawyers signified all kinds of mate- rials for building. Anciently, for fear of fire, it was ordered that there should be an interstice left between houses of at least two feet and a half, which was called AMBITUS, (Ftstus.) or ANGIPORTUS, vel-wm, and this was usually a thoroughfare, but sometimes not, Ter Adelph. iv„ 2. 39. For when Rome became crowded with houses, these inter- stices were only left between some houses. Nero, after the dread- ful fire which happened in his time, restored the ancient mode of building houses distinct from one another, Tacit. Ann. xv. 43. Houses, which were not joined by common walls with the neigh- bouring houses, were called INSULTS, Festus, Sometimes domus and insula are distinguished, Suet. Ner. 16. &: 38. where domus is supposed to signify the houses of the great, and insula those of the poorer citizens. But anciently this was not the case, rather the contrary ; as, Insula Clodii* Luculli, &c. Cic. Under the emperors, any lodgings {hospitia) or houses to be let, {JFdes mtrce.de, locandce, vel domus conductitia,) were called insula, and the inhabitants of them, Inquilini, or Insularii ; which last name is also applied to those who were appointed to guard the genii of each insula. The pro- prietors of the insula were called DOMINI insularum, Suet. Jul, 41. Tib. 48. vel pr^idiorum, Plin. Ep. x. 44. 45. and their agents procuratores insularum. For want of room in the city, houses were commonly raised to a great height by stories, {contignationibus v, tabulatis,) which were occupied by different families, and at a great rent, Juvenal, iii. 166. The uppermost stories or garrets were called canacida. He who rented, (mercede conducebat) an insula* or any part of it, was called inquilinus. Hence Catiline contempt- uously calls Cicero, Inquilinus civis urbis Roma, Sallust. Cat. 31. There was also,— 3. Servitus STILLICIDII ET FLUMINIS, whereby one was obliged to let the water, which fell from his house, into the garden or area of his neighbour ; or to receive the water, which fell from his neighbour's house, into his area. — 4. Servitus CLOACA, the right of conveying a private common sewer through the property of a neighbour, into the Cloaca Maxima, built by Tar- quin.— 5. Servitus NON ALTIUS TOLLENDI, whereby one was bound not to raise his house above a certain height ; so as not to ob- struct the prospects and lights of his neighbour. The height of houses was limited by law, under Augustus to 70 feet, Strab. v. p. 162. Suet. Aug. 89. Tacit. Ann. xv. 43. — There was also a servi- tude, that one should not make new windows in his wall ; Lumina uti NUNC SUNT, ITA sint, Cic. de Orat. i. 39. These servitudes of city properties, some annex to res mancipi, and some to res nee mancipu 56 ROMAN ANTIQUITIES. MODES of acquiring PROPERTY. The transferring of the property of the res mancipi, (ABALIENA- TIO, vel translatio dominii, v. proprietatis,) was made by a certain act, called MANCIPATIO, or MANCIPIUM, (Cic. Off. hi. 16. de Orat. i. 39.) in which the same formalities were observed as in emancipating a son, only that it was done but once. This Cicero calls traditio alteri nexu, Topic. 5. s. 28. thus, Dare mancipio, i. e. ex forma vel lege mancipii, to convey the property of a thing in that manner; accipere, to receive it, Plant. Cure. iv. 2. 8. Trin. ii. 4. 19. Jurat, — se fore mancipii tempus in omne tui, devoted to you, Ovid. Pont. iv. 5. 39. Sui mancipii esse, to be one's own master, to be sub- ject to the dominion of no one, Cic. ad Brut. 16. So mancipare agrum alicui, to sell an estate to anyone, Plin. Ep. vii. 18. emancipare fun- dos, to divest one's self of the property, and convey it to another, Id. x. 3. Cicero commonly uses mancipium and nexum or -us, as of the same import ; pro Muren. Z.pro Place. 32. Ccecin. 16. but sometimes he distinguishes them ; as, de Harusp. 7. where mancipium implies complete property, and nexus only the right of obligation, as when one receives any thing by way of a pledge. Thus a creditor had his insolvent debtor jure nexi, but not jure mancipii, as he possessed his slave. There were various other modes of acquiring legal property ; as, 1. JURE CESSIO, or CESSIO IN JURE, Cic. Top. 5. when a person gave up his effects to any one before the praetor or president of a province, who adjudged them to the person who claimed them, (vindicanti addicebatf) which chiefly took place in the case of debt- ors, who, when they were insolvent, gave up their goods (bona cede- bant) to their creditors. 2. USUCAPTIO vel USUCAPIO, Cic. Ccecin. 26. Legg. i. 21. and also usus auctoritas, when one obtained the property of a thing, by possessing it for a certain time without interruption, according to the law of the twelve tables ; for two years, if it was a farm or im- moveable, and for one year if the thing was moveable; Ut usus auctoritas, i. e. jus dominii, quod usu paratur, fundi biennium, C^TERARUM RERUM ANNUS USUS ESSET, PUn. Ep. V. i. But this took place only among citizens. For Adversus hostem, i. e. pere- grinum, sterna auctoritas erat ; sc. alicujus rei, Cic. Off. i. 12. i. e. res semper vindicari poterat a peregrino, et nunquam usu capi. Hence Cicero says, Nihil mortales a diis usucapere possunt. If there was any interruption in the possession, it was called USURP ATIO, which, in country farms, seems to have been made by breaking off the shoot of a tree, (surculo defringendo,) Cic. de Orat. iii. 28. But afterwards a longer time was necessary to constitute prescription, especially in the provinces ; namely, ten years among those who were present, and twenty years among those who were absent. Sometimes a length of time was required beyond remembrance. RIGHTS OF 'ROMAN CITIZENS. 57 This new method of acquiring property by possession, was called LONGA POSSESSIONE CAPIO, or LONGiE POSSESSIONS PRiEROGATIVA, vel PRESCRIPTION 3. EMITIO SUB CORONA, i. e. purchasing captives in war, who were sold with chaplets on their heads. See p. 48. 4. AUCTIO, whereby things were exposed to public sale, (has- tee, v. voci prceconis subjiciebantur,) when a spear being set up, and a public crier calling out the price, (prcecone pretium pro clamant e,) the magistrate who was present adjudged them (addicebat) to the high- est bidder, Cic. Phil. ii. 26. The person who bade, held up his fin- ger, (digitum tollebai,) Cic. Verr. i. 54. digit o licitus est, iii. 11, The custom of setting up a spear at an auction seems to have been derived from this, that at first only those things which were taken in war were sold in that manner. Hence hasta is put for a public sale, and sub hasta venire, to be publicly sold. The day, sometimes the hour, and the terms of the auction, used to be advertised, either by a common crier, (a prcecone prasdicari, v. conclamari,) Plaut. Men. v. 9. 94. or in writing, (tabuld proscribi,) Cic. Ep. ad Fratr. ii. 6. Proscribebatur, sc. (domus seu quis emere, seii conducere vellet,) Plin. Ep. vii. 27. (JEdes venales inscribit li- teris,) Plaut. Trin. i. 2. 131. Hence tabula is put; for the auction itself, ib. — (Tabulum pros crib ere,) for auctionem constituere ; (proscri- here domum v.fundum,) to advertise for sale, Cic. And those whose goods were thus advertised, were said pendere, Suet. Claud. 9. and also the goods bona suspensa ; because the advertisement (libellus v. tahella) was affixed to a pillar (pila v. columna), in some public place, Senec. de Benef. iv. 12. So (tabulas auctionarias proferre v. tabulam), to publish, Cic. Cat. ii. 8. Phil. ii. 29. (ad tabulam ades- se,) to be present at the sale, pro Quinct. 6. Thus also (sub titulum nostros misit avar lares, i. e. domum), forced me to expose my house to sale, Ovid. Remed. Amor. 302. It behoved the auction to be made in public, Cic. ib. licly imposed on the people, which was exacted from each indivi- dual through the tribes in proportion to the valuation of his estate, (pro portione census,) Money publicly exacted on any other ac- count, or in any other manner, was called VECT1GAL, Varro, de Ling. Lat. iv. 36. But these words are not always distinguished. There were three kinds of tribute 5 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 y-(ex censu,) Liv. i. 43. iv. 60. Dionys. iv. 8. 19. and a third, which was extra- ordinary, and demanded only in cases of necessity, and therefore de- pending on no rule, (temerarium,) Festus. It was in many instances also voiuntary r Liv, xxvi. 36. and an account of it was taken, that 64 ROMAN ANTIQUITIES. 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, when the senate de- creed, that pay should be given from the treasury to the common soldiers in the army, who had hitherto served at their own expense ; whereupon all were forced 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 ac- count of the immense sums brought into the treasury by L. Paulus JSmilius, after the defeat of Perseus, Cic, Offic. ii. 22. and this im- munity from taxes continued, according to Plutarch, down to the consulship of Hirtius and Pansa. The other taxes (VECTIG ALIA) were of three kinds, Portorium, Decumce, and Scriptura. 1. PORTORIUM was money paid at the port for goods imported and exported, the collectors of which were called PORTITORES ; or for carrying goods over a bridge, where every carriage paid a cer- tain sum to the exacter of the toll, Digest, Vid. Cats. B, G, I. 18. et III. 1. The portoria were remitted A. U. 692, the year in which Pompey triumphed over Mithridates, Dio. 37. 51. Cic, Alt, ii. 16. but were afterwards imposed on foreign merchandise by Caesar, Suet* Jul, 43. 2. DECUMJE, Tithes, were the tenth part of corn, 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 farmers general, as agriculture was esteemed the most honourable way of making a fortune among the Romans, Cic, Verr, ii. 13. iii. 8. The ground from which tithes were paid was also called was DECUMAN US, Cic. Verr, ii. 6. But these lands were all sold or distributed among the citizens at different times, and the land of Capua the last, by Caesar, Suet, Jul, 2. 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, sub- scribed their names before the farmer of them, (coram pecuario vel scripturario,) Varro de Re Rustica, ii. 2. 16. and paid a certain sum foi each beast; Festus in Scripturarius Ager, as was likewise done in all the tithe-lands, (inagris decumanis,) Cic. Verr. iii. 52. Plaut. True. i. 2. 44. All those taxes were let publicly by the censors at Rome, (loca- bantur sub hasta) Cic. Rull. 1. 3. Those who farmed them (redi- mebant v. conducebant) were called PUBLICAN1 or MANCIPES, Cic, pro Domo, 10. They also gave securities to the people, (Prides.) and had partners who shared the profit and loss with them, (Socn.) There was a long tax upon salt. In the second year after the RIGHTS OF ROMAN CITIZENS. 65 expulsion of Tarquin, it was ordained that salt should not be sold by private persons, but should be furnished at a lower rate by the pub- lic, Liv. ii. 9. A new tax was imposed on salt in the second Punic war, at the suggestion of the censors Claudius Nero and Livius, chiefly the latter, who hence got the surname 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 VICESI- MA, 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 confirmed by the senate. What was singular, the law was passed in the camp, Liv. vii. 16. The money raised from this tax (aurum vicesimarium) used to be kept for the last exigencies of the state, Liv. xxvii. 10. Various other taxes were invented by the emperors ; as the hun- dredth part of things to be sold, (centesima, Tacit, i. 78.) the twenty- fifth of slaves, (vigesima quintet mancipiorum,) and the twentieth of inheritances, (vigesima hcereditatum,) by Augustus, Suet. Aug. 49. Dio. lv. 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 different as- semblies of the people. V. JUS HONORUM, the right of bearing public offices in the state. These were either priesthoods or magistracies, (sacerdotia et magistrates,) which at first were conferred only on Patricians, but afterwards were all, except a few, shared with the Plebeians. VI. JUS SACRORUM. Sacred rites were either public or pri- vate. The public were those performed at the public expense ; the private were those which every one privately observed at home. The Vestal Virgins preserved the public hearth of the city ; the curiones with their curiales kept the hearths of the thirty curiae ; the priests of each village kept the fires of each village, (Pagorum.) And because 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 were attached to the old superstition fled to the country*, and secretly performed their former sacred rites in the villages ; hence PAGANS came to be used for Heathens, (l6n*o^ Gentiles ,) or for those who were not Christians; as anciently among the Ro- mans, those were called PAGANI who were not soldiers, Juvenal* xvi. 32. Suet. Galb. 19. Plin. Ep. vii. 25. Thus, Pagani et Montani, are called Plebes Urbana by Cicero, because they were ranked among the city tribes, although they lived in the villages and mountains, pro DomOy 28. Each gens had certain sacred rites peculiar to itself, (steniiliiia, Liv. v. 52.) which they did not intermit even in the heat of a war, 9 66 ROMAN ANTIQUITIES. Liv. v. 46. Every father of a family had his own household-gods, whom he worshipped privately at home. Those who came from the free towns, and settled at Rome, re- tained their municipal sacred rites, and the colonies retained the sa- cred rites of the Roman people. No new or foreign gods could be adopted by the Romans, unless by public authority. Thus iEsculapius was publicly sent for from Epidaurus, and Cybele from Phrygia, Liv. xxix. 11. & 12. Hence if any one had introduced foreign rites of himself, they were public- ly condemned by the senate, Liv Aw 30. xxv. 1. xxxix. 16. But under the emperors all the superstitions of foreign nations were transferred to Rome ; as the sacred rites of Isis, Serapis, and Anu- bis from Egypt, &c. It was a maxim among the Romans, that no one could be a citi- zen of Rome, who suffered himself to be made a citizen of any other city, Cic. pro Ccecin, 36. Nepos in vita Attici, 3. which was not the case in Greece, Cic. pro Arch. 5. And no one could lose the free- dom of the city against his will, Cic. pro Dom. 29. & 30. pro Cwcin. 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 confiscated, and themselves were for- bidden the use of fire and water, (Us igne et aqua inter dictum est,) which obliged them to repair to some foreign place. Augustus ad- ded to this form of banishment what was called DEPORTATIO, whereby the condemned being deprived of their rights and fortunes, were conveyed to a certain place, without leaving it to their own choice to go where they pleased. When any one was sent away to any place, without being de- prived of his rights and fortunes, it was called RELEGATIO. Thus Ovid, Trist. ii. 137. v. 11. 21. So captives in war did not properly lose the rights of citizens. 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 got the freedom of Rome, returned to his native city, and again became a citizen of it, he ceased to be a Roman citizen, Cic. pro Balb. 12. This was call- ed postliminium, with regard to his own country, and rejectio civita- tis, with regard to Rome. Any loss of liberty, or of the rights of citizens, was called DIMI- NUTIO CAPITIS, Cic. pro Mil. 36. jus libertatis imminutum, Sal- lust. Cat. 37. Hence Capitis minor, sc. ratione vel respectu, or ca- pite diminutus, lessened in his state, or degraded from the rank of a citizen, Horat. Od. iii. 5. 42. The loss of liberty, which included the loss of the city, and of one's family, was called diminutio capitis maxima ; banishment diminutio media ; any change of family, mini- may Digest, ii. de capite minutis. JUvS LATH. 67 JUS LATH. The JUS LATH, or LATINITAS, Suet. Aug. 47. Cic. Atu xiv. J 2. was next to the/ws civitatis. Latium anciently (Latium Vetus) was bounded by the rivers Ti- ber, Anio, Ufens, and the Tuscan sea. It contained the Albans, Ptutuli, and jEqui. It was afterwards extended {Latium Novum) to the River Liris, by Pliny called Glanis ; hence its modern name, Garrigliana ; and comprehended the Osci, Ausones, and Volsci, Plin. rii. 9. The inhabitants of Latium were called Latini Socn, nomen Latinum, et socii Latjni nominis, &c. Socii et Latinum Nomen, means the Italians and Latins. The JUS LATH was inferior to the jus civitatis, and superior to the 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 prsetor. They were permitted to adopt some of the Roman laws, if they chose it, and then they were called POPULI FUNDI, Cic. pro Balb. 8. If any state did not choose it, it was said ei legi, v. de ea lege fundus fieri nolle, i. e. auctor, sub- scriptor esse, v. earn probare et recipere, ib. The Latins were not enrolled 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 grant- ed to those who had continued faithful to Rome in the Social war, A. U. 663; which the Latins had done. The distinction, however, betwixt the jus Latii and the jus civitatis, and the same mode of ac- quiring the full right of citizenship, (per Latium in civitatum vinien- di,) was still retained, Plin. 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 af- terwards they served as allies in the Roman army, and indeed con- stituted the principal parts of its strength. They sometimes furnish- ed two-thirds of the cavalry, and also of the infantry Liv. iii. 22. xxi. 1 7. et 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 exempted by the Porcian law, Sallust. Jug. 69. The Latins had certain sacred rites in common with Roman citi* zens *, as the sacred rites of Diana at Rome, (instituted by Servius Tullius. Liv. i. 45. in imitation of the Amphictydnes at Delphi, and 68 ROMAN ANTIQUITIES. 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 Alban mountain ; first for one day, the 27th April, and after- wards for several days. The Romans always presided at the sacri- fices, Liv. xxi. c. ult. xx. 1. Dionys. iv. 49. Besides these, the La- tins had certain sacred rites, and deities peculiar to themselves, which they worshipped; as Feronia at Terracina, Jupiter at Lanu- vium, Liv. xxxii. 9. They had also solemn assemblies in the grove of Ferentina, Liv. i. 50. which appear in ancient times to have been employed for poli- tical as well as religious purposes. From this convention all those were excluded who did not enjoy the jus Latii. JUS ITALTCUM. All the country between the Tuscan and Adriatic seas, to the ri- vers Rubicon and Macra, except Latium, was called Italy. The states of Italy being subdued by the Romans in different wars, were received into alliance on different conditions. In many respects they were in the same state with the Latins. They enjoyed their own laws and magistrates, and were not subject to the Roman Praetor. They were taxed (censi) in their own cities, and furnished a certain number of soldiers according to treaty. But they had no access to the freedom of Rome, and no participation of sacred rites. After the second Punic war, several of the Italian states, for having revolted to Hannibal, were reduced to a harder condition by the Dic- tator Sulpicius Galba~i A. U. 550 ; especially the Bruttii, Piccntini, and Lucani, who were no longer treated as allies, and did not fur- nish soldiers, but public slaves, A. Gell. x. 3. Capua, which a little before had been taken, lost its public 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. Sulla abridged these privileges to those who had favoured the opposite party; but this was of short continuance, Cic. pro Domo, 30. Augustus made va- rious changes. He ordered the votes of the Italians to be taken at home, and sent to Rome at tne day of the comitia, Suet. Aug. 46. He also granted them an exemption from furnishing soldiers, Hero- dian. ii. 11. The distinction of the jus Latii and Italicum, however, still conti- nued ; and these rights were granted to various cities and states out of Italy, Plin. iii. 3. 4. In consequence of which, farms in those places were said to be IN SOLO ITALICO, as well as those in Ita- ly, and were called PR^DIA CENSUI CENSENDO, (quod in censum refcrri potcrant, utpote res mancipi, qua venire emique pote- nt ant jure civili,) Cic. pro Flacc. 32. and said to be in corpore census, i. e. to constitute part of that estate, according to the valuation of which in the censor's books every one paid taxes, Juvenal, xvi. 53. J}w. 38. 1. PROVINCES. 69 PROVINCES. Those countries were called Provinces, which the Roman people having conquered by arms, or reduced any other way under their power, subjected to be governed by magistrates sent from Rome, (quod eas provicit, i. e. ante virit, Festus.) The senate having re- ceived letters concerning the reduction of any country, consulted what laws they thought proper should be prescribed to the conquer- ed, and sent commonly ten ambassadors, with whose concurrence the general, who had gained the conquest, might settle every thing, Liv. xlv. 17. & 18. These laws were called the FORM or formula of the province^ Whatever the general, with the advice of the ten ambassadors, de- termined, used to be pronounced publicly by him before an assem- bly, after silence was made by a herald, Liv. xlv. 29. Cic. in Verr. ii. 13. Hence, Informidam sociorum referri, to be enrolled among, Liv. xliv. 16. Urbcm formula sui juris facer e, to hold in depend- ence or subjection, xxxviii. 9. In antiqui formulam juris restitui, to be brought into their former state of dependence on, &c. xxxii. 33. So xxiv. 26. The first country, which the Romans reduced into the form of a province, was Sicily, Cic. Verr. ii. 1. The condition of all the provinces was not the same, nor of all the cities in the same province, but different, according to their merits towards the Roman people ; as they had either spontaneously sur- rendered, or made a long and obstinate resistance. Some were allowed the use of their own laws, and to choose their own ma- gistrates ; others were not. Some also were deprived of part of their territory.- Into each province was sent a Roman governor, (PRiESES,) Ovid. Pont. iv. 7. 3. to command the troops in it, and to administer jus- tice; together with a qusestor, to take care of the public money and taxes, and to keep an account of what was received and expended in the province. The provinces were grievously oppressed with taxes. The Romans imposed on the vanquished, either an annual tribute, which was called CENSUS CAPITiS. or deprived them of part of their grounds ; and either sent planters thither from the city, or re- stored them to the vanquished, on condition that they should give a certain part of the produce to the republic, which was called CEN- SUS SOLI, Cic. in Verr. iii. 6. v. 5. The former, i. e. those who paid their taxes in money, were called STIPENDIAJUI, or TriinUarn, as Gallia comata, Suet. Jul. 15. The latter, VECTIGALES ; who are thought to have been in a better condition than the former. But these words are sometimes confounded. The sum which the Romans annually received from the stipen- diary states was always the same ; but the revenues of the vectigales depended on the uncertain produce of the tithes, of the taxes on the public pastures, (scriptural) and on goods imported and exported. 70 ROMAN ANTIQUITIES. (portorium.) Sometimes, instead of the tenth part, if the province was less fertile, the twentieth only was exacted, as from the Spa- niards, Liv. xiiii. 2. Sometimes, in cases of necessity, an additional tenth part was exacted above what was due ; but then money was paid for it to the husbandmen, Cic. Verr. iii. 31. Whence it was called frumentum emptum* also decumanum, or imperatum, Liv. xxxvi. % xxxvii. 2. & 50. xlii. 31. Asconius, in his commentary on Cicero, Verr. ii. 2. mentions three kinds of payment made by the provincials ; the regular or usual tax, a voluntary contribution or benevolence, and an extraordinary exaction or demand : (Omne genus pensitationis in hoc capite positum est, canonis, quod deberetur ; oblationis quod opus esset ; et in- dictionis, quod imperaretur.) In which sense Indictio is used by Pliny, Paneg. 29. Under the emperors, a rule was made out, called Canon frumen- tarius, in which was comprised what corn each province ought yearly to furnish. The corn thus received was laid up in public granaries, both at Rome a'iJ in the provinces, whence it was given out, by those who had the care of provisions, to the people and soldiers. Under the emperors, besides a certain sum paid for the public pastures, the people of the provinces were obliged to furnish a cer- tain number of cattle from their flock, Vopisc. in Prob. 15. and be- sides the tax paid at the port, as in Sicily, Cic. Verr. ii. 72. in Asia, Cic. Agrar. ii. 29. in Britain, Tacit. Vit. Agric. 31. they also paid a tax for journeys, Suet. Vitell. 14. especially for carrying a corpse, which could not be transported from one place to another without the permission of the high priest or of the emperor. But this tax was abolished. There was also a tax on iron, silver, and gold mines, as in Spain. Liv. xxxiv. 21 . ; on marble in Africa ; on various mines in Macedo- nia, Illyricum, Thrace, Britain, and Sardinia ; and also on salt-pits, as in Macedonia, Liv. xlv. 29. MUNICIPIA, COLONLE, et PRjEFECTUR^. Municipia were foreign towns, which obtajned the right of Ro- man citizens. Of these there were different kinds. Some possessed all the rights of Roman citizens, except such as could not be enjoy- ed without residing at Rome. Others enjoyed the right of serving in the Roman legion, (MUNERA militaria CAPERE poterant,) but had not the right of voting and of obtaining civil offices. The Municipia used their own laws and customs, which were called LEGES MUNIC1PALES; nor were they obliged to receive the Roman laws unless they chose it: (nisi funoi fieri vellent.) And some chose to remain as confederate states, (civitates fasderata,) rather than to become Roman citizens ; as the people of Heraclea and Naples, Cic. pro Balbo, 8. There were anciently no such free towns except in Italy, but after- MUNICIPIA, COLONLE, et PRfiFECTORJE. 7f wards we find them also in the provinces. Thus Pliny mentions eight in Bcetica. and thirteen in hither Spain. Hist, Nat. n\. 2. COLONIES were cities or lands which Roman citizens were sent to inhabit. They were transplanted commonly by three commis- sioners, (per trkanviros colonic deducenda agroquc atvidtmdo, Liv, viii. 16.) sometimes by five. ten. or more. Twenty were appointed to settle the colony of Capua, by the Julian law. Dio. xxxvhi. 1. The people determined in what manner the lands were to be divi- ded, and to whom. The new colony marched, to their destined place in form of an army, with colours flying, 'lo.) The lands were marked round with a plough, and his own portion assign- ed to every one, Virg. JEn. i. 425. v. 755. All which was done after taking the auspices, and offering; sacrifices, Cic. Phil. ii. 40. £42. When a city was to be built, the founder, dressed in a Gabinian garb, (Gahino cinctu ornatus, v. Gnbino cv.Iiu incinctus. Liv. v. 46, i. e. with his toga tucked up. and the lappet of it thrown back over the left shoulder, and brought round under the right arm to the breast : so that it girded him, and made the toga shorter and closer. | yoking a cow and bull to the plough, the coulter whereof was of brass, marked out by a deep furrow the whole compass of the city 5 and these two animals with other victims were sacrificed on the altars. All the people or planters followed, and turned inwards the clods cut by the f re they wanted a gate to be, they took up the plough and left a space. Hence PORTA, a gat-. portando aratrv.m.) And towns are said to have been called UR- ESES from being surrounded by the piough. {ah orbe, vel. ah urvo. i. e. buri. sive aratri curvatura, Varro de Lat. Ling, iv. 2. Fest> The form of founding cities among the Greeks, is described by Pau- sanias, v. 27, who says that the first city built was Lycosirra in Ar- cadia. viii. 38. When a city was solemnly destroyed, the plough was also drawn along (inducehatur) where the walls had stood. Ho rat. Od. i. 16, Hence, Et seges est. uhr Troja fuit. Ovid. Her. i. 1. 53. "We read in the sacred writings of salt being sown on the ground where cities had stood, Judg, ix. 45. Mic. iii. 12. The walls of cities were looked upon by the ancients as sacred, but not the gates, Pit. Quest. 26. The gates, however, were rec- koned inviolable, (sancta.) A space of ground was left free from buildings both within and without the wails, which was called POMJERJUM, (i. e. locus ci murum, vel post murum intus et extra,) and was likewise held sacred. Lav. i. 44. Sometimes put only for the open space without the wall-;. Flor. i. 9. When the city was enlarged, the pomarium d was extended: (hi consecrati fines p . Liv. ibid.) The ceremonies used in building cities are said to have been bor- rowed from the Hetiurians. ibid. T2 ROMAN ANTIQUITIES. It was unlawful to plant a new colony where one had been planted before, Cic. Phil. ii. 40. but supplies might be sent. The colonies solemnly kept the anniversary of their first settle- ment, (diem natalem colonics, religiose colebant,) Cic. ad Attic, iv. 1. Sext. 63. Some colonies consisted of Roman citizens only, some of Latins, and others of Italians, Liv. 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. 3Q. & 50. The rights of Latin colonies were more limited ; so that Roman citi- zens who gave their names to a Latin colony, suffered a diminution of rank, Cic. pro Ccecin. 33. pro Domo, 30. The Italian colonies were in a still worse condition. The difference consisted chiefly in their different immunity from taxes. Sulla, to reward his veterans, first introduced the custom of settling MILITARY COLONIES, which was imitated by Julius Caesar, Augustus, and others. To those colonies whole legions were sent with their officers, 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, PLEBELE, or TOGATJE, because they consisted of citizens, or as they were afterwards named, PAGANI, or Privati, who were opposed to sol- diers. Seep. 77. 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 magistrates were called DUUMVIRI, and their senators DECURIONES ; because, as some say, when the colony was first planted, every tenth man was made a senator. The fortune requisite to be chosen a Decurio, under the emperors, was a hundred thousand sestertii, Plin. Ep. i. 19. The senate, or general council of Grecian cities, under the Ro- man empire, was called BULE, (/3ei/A?j, consilium,) Plin. Ep. x. 85. its members, BULEUTiE, ib. 115. the place where it met at Syra- cuse, Buleuterium, Cic. Verr. ii.'21. an assembly of the people, ECCLESIA, Plin. Ep. x. 3. In some cities, those who were cho- sen into the senate by their censors, paid a certain sum for their ad- mission, {honorarium decurionatus,) ib. 114. and that even although chosen contrary to their own inclinations, ibid. In Bithynia, they were subjected to regulations with respect to the choice of senators, similar to those at Rome, ib. 83. 115. An act passed by the senate or people, was called Psephisma, Id. x. 52. 53. It was there cus- tomary, upon a person's taking the manly robe, solemnizing his marriage, entering upon the office of a magistrate, or dedicating any public work, to invite the whole senate, with a considerable part of the commonalty, to the number of a thousand, or more, and to dis- MUNICIPIA, COLONIC, et PR^EFECTOR^. 7& tribute to each of the company a dole (sportula) of one or two de- narii. This, as having the appearance of an ambitious largess ( dia- mone) was disapproved of by Trajan, Plin. Ep. x. 117. 118. Each colony had commonly a patron, who took care of their in- terests at Rome, Dionys. ii. 11. PRjEFECTUR^, were towns to which prefects were annually sent from Rome, to administer justice, chosen partly by the people, and partly by the praetor, Festus. Towns were reduced to this 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 the form of provinces. Their private right depended on the edicts of their prefects, and their public right on the Roman senate, who imposed on them taxes and service in war at pleasure. Some Prcefecturcs, however, possessed greater privileges than others. Places in the country or towns where markets were held, and justice administered, were called FORA ; as Forum Aurelium, Cic, Cat. i. 9. Forum Appii. Cic. Att. ii. 10. Forum Cornelii, Julii 9 Livii, &c. Places where assemblies were held, and justice administered^ were called CONCILIABULA, Liv. xl. 37. All other cities which were neither Municipia, Colonics, nor Pre- fectures, were called Confederate States, (CIVITATES FOEDERA- TJE.) These were quite free, unless that they owed the Romans certain things according to treaty. Such was Capua before it re- volted to Hannibal. Such were also Tarentum, Naples, Tibur, and Praeneste. FOREIGNERS. All those who were not citizens, were called by the ancient Ro- mans, foreigners, (PEREGRINI,) wherever they lived, whether in the city or elsewhere. But after Caracalla 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 whole world were divi- ded into Romans and Barbarians. The whole Roman empire it- self was called ROMANIA, which 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 free, the condition of foreigners was very disa- greeable. They might indeed live in the city, but they enjoyed none of the privileges of citizens. They were also subject to a par- ticular 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 ordering foreigners to leave the city, Cic. Off. iii. hU- Brut. 8. So Augustus, Suet. Aug. 42. But afterwards an immense number of foreigners flocked to Rome from all parts, Juv . Sat. iii, 10 74 ROMAN ANTIQUITIES, 58. Seneca ad Helv. c. 8. So that the greatest part of the common people consisted of them ; hence Rome is said to be mundif&ce re- pleta, Lucan. vii. 405. Foreigners were neither permitted to use the Roman dress, Suet, Claud. 25. nor had they the right of legal property, or of making a will. When a foreigner died, his goods were either reduced into the treasury, as having no heir, (quasi bona vacantia,) or if he had attached himself (se applicuisset) to any person, as a patron, that per- son succeeded to his effects, JURE APPLICATIONS, as it was called, Cic. de Oral. i. 39. But in the process of time these inconveniences were removed, 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. An assembly of the whole Roman people to give their vote about any thing, was called COM1TIA, (a coeundo vel comeundo.) When a part of the people only was assembled, it was called CONCILI- UM, A. Gell. xv. 27. But these words were not always distinguish- ed, 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 making of peace. Persons guilty of certain crimes were also tried in the Co- mitia, Polyb. vi. 12. The Comitia were always summoned by some magistrate, who presided in them, and directed every thing which came before them ; and he was then said, habere comitia. When he laid any thing before the people, he was said agere cum p.opulo, Gell. xiii. 14. As the votes of all the people could not be taken together, they were divided into parts. There were three kinds of Comitia ; the Curiata, instituted by Romulus ; the Centuriata, instituted by Servius Tullius, the sixth king of Rome ; and the Tributa, said to have been first introduced by the tribunes of the people at the trial of Coriolanus, A. U. 263. The Comitia Curiata and Centuriata could not be held without taking the auspices, (nisi auspicato,) 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 called DIES COMITIALES, (i. e. guibus cum populo agere licebat,) Liv. iii. 2. Cic. Q. Fr. i. 2. Macrob. Sat. i. 16. As in the senate, so in the Comitia, nothing could be done before the rising nor after the setting of the sun, Dio. xxxix.jfoi. The Comitia for creating magistrates were usually held in the Campus Martius; but for making laws, and for holding trials, some- times also in the forum, and sometimes in the capitol. THE COMITIA CURIATA, 75 • The COMITIA CURIATA. In the Comitia Curiata the people gave their votes, divided into thirty curias ; (ita dictce quod Us rerum publicarum cura commissa sit, Fest. vel potius a *t/f<* sc, exxAjja****, conventus populi apud Grcecos ad jubendum vel vetandum quod e republica censeret esse.) And what a majority of them, namely sixteen, determined, was said to be the or- der of the people. At first there were no other Comitia but the Curi- ata, and therefore every thing of importance was determined in them. The Comitia Curiata were held, first by the kings, and afterwards hy the consuls and the other greater magistrates, that is, they presi- ded at them, and nothing could be brought before the people but by them. They met in a part of the forum, called the COMITIUM, where a pulpit or tribunal (suggestum) stood, whence the orators used to harangue the people. It was afterwards called ROSTRA, be- cause it was adorned with the beaks of the ships taken from the An- tiates, Liv. viii. 14. and also Ttmplum, because consecrated by the augurs, Ibid. & 35. which was its usual name before the Antiates were subdued, Liv. ii. 56. The Comitium was first covered the year that Hannibal came into Italy, Liv. xxvii. 38. Afterwards it was adorn- ed with pillars, statues, and paintings. Those citizens only had a right to vote at the Comitia Curiata, who lived in the city, and were included in some curia, or parish. The curia which voted first, was called PRINCIPIUM, Liv. ix. 38. After the institution of the Comitia Centuriata, and Tributa, the Comitia Curiata were more rarely assembled, and that only for pass- ing certain laws, and for the creation of the Curio Maximus, Liv. xxvii. 8. and of the Flamines, A. Gell. xv. 27. Each curia seems to have chosen its own curio ; called also magister curim, Plaut. Aul. ii. 2. 3. A law made by the people divided into curia was called LEX CURIATA. Of these, the chief we read of, were, 1. The law by which military command (imperium) was confer- red on magistrates, Liv. ix. 38. Without this they were not allowed to meddle with military affairs, {rem militarem attingere,) to com- mand an army, or carry on war, Cic. Phil. v. 16. Ep. Fam. i. 9. but only had a civil power, (POTESTAS,) or the right of administering justice. Hence the Comitia Curiata were said rem militarem con- tinere, Liv. v. 52. and the people, to give sentence twice (bis senten- tiamferre, v. binis comitiis judicare,) concerning their magistrates, Cic. de legeAgr. ii, 11. But in after times, this law seems to have been passed only for form's sake, by the suffrage of the thirty lictors or sergeants who formerly used to summon the curim, and attend on them at the Comitia, Cic. ibid. (Populi suffragiis, ad speciem, atque ad usurpationem vetuslatis, per triginta lictores auspiciorum causa adumbratis,C3L^. 12.) 2. The law about recalling Camillus from banishment, Liv. v. 46. 3. That form of adoption called adrogation (see p. 61.) was made 76 ROMAN ANTIQUITIES. at the Comitia Curiata, because no one could change his state, or sa- cra, without the order of the people, Cic. pro Sext, pro Dom. 1 5. &c. Suet. Aug. 65. Dio. xxxvii. 51. 4. Testaments were anciently made at these Comitia. And be- cause in time of peace they were summoned, (calata, i. e. convocata,) by a lictor, twice a year for this purpose ; hence they were also call- ed COMITIA CALATA, which name is likewise sometimes applied to the Comitia Centuriata, because they were assembled by a Cor- nicen, who was also called Classicus, (quod classes comitiis ad ctmi- tatum vocabat, A. Gell.xv. 27. Varro de Lat. Ling. iv. 16.) 5. What was called DETESTATIO SACRORUM, was also made here ; as when it was denounced to an heir or legatee that he must adopt the sacred rites which followed the inheritance, Cic. dc Legg. ii. 9. Whence an inheritance without this requisite is called by Plautus h&reditas sine sacris, Captiv. iv. 1. (cum aliquid obvenerit sine aliqua incommoda appendice, Festus.) The COMITIA CENTURIATA and the CENSUS. The principal Comitia were the Ccnturiata, called also majora, Cic. post red. in Senat. 2. in which the people, divided into the centuries of their classes, gave their votes ; and what a majority of centuries decreed, (quod plures centuries, jussissent,) was considered as finally determined, (pro rato habebatur.) These Comitia were held accord- ing to the Census, instituted by Servius Tullius. The CENSUS was a numbering of the people with a valuation of their fortunes, (cestimatio, tt7n>rt^^^.) To ascertain the number of the people, and the fortunes of each individual, Servius ordained that all the Roman citizens, both in town and country, should upon oath take an estimate of their for- tunes, (bona suajurati censerent, i. e. cestimarent,) and publicly de- clare that estimate to him, (apud se prqfiterentur ;) that they should also tell the place of their abode, the names of their wives and chil- dren, their own age. and that of their children, and the number of their slaves and freedmen : That if any did otherwise, their goods should be confiscated^ and themselves scourged and sold for slaves, as persons who had deemed themselves unworthy of liberty, (qui sibi liber tat em abjudiedssent, Cic. pro Caecin. 34.) He likewise ap- pointed a festival, called PAGANALIA, to be held every year in each pagus, or village, to their tutelary gods, at which time the peasants should every one pay into the hands of him who presided at the sacrifices, a piece of money ; the men a piece of one kind, the women of another, and the children of a third sort, Dionys. iv. 15. Then, according to the valuation of their estates, he divided all the citizens into six CLASSES, and each class into a certain num- ber of CENTURIES. The division by centuries, or hundreds, prevailed every where at Rome ; or rather, they counted by tens, from the number of fingers on both hands, Ovid. Fast. iii. 123. &c. The infantry and THE COMITIA CENTURIATA, &c, 77 cavalry, the curies and tribes, were divided in this manner ; and so even the land: hence centenarius ager, Ovid. Ibid, &l Festus. At first a century contained a hundred ; but not so afterwards. Thus the number of men in the centuries of the different classes was without doubt very different. The first class consisted of those, whose estates in lands and effects were worth at least 100,000 asses, or pounds of brass; or 10,000 drachma, according to the Greek way of computing ; which sum is commonly reckoned equal to 322/. 18s. 4d. sterling; but if we sup- pose each pound of brass to contain 24 asses, as was the case after- wards, it will amount to 7750/. This first class was subdivided into eighty centuries or companies of foot, forty of young men, (juniorum,) that is, from seventeen to forty-six years of age, Cic. de Sen. 17. A. Gell. x. 28. who were obliged to take the field, (utforis bella gererent,) and forty of old men, {senio?*um,) who should guard the city, {ad urbis custodiam ut prcesto essent.) To these were added eighteen centuries of Equites, who fought on horseback ; in all ninety-eight centuries. The second class consisted of twenty centuries, ten of young men, and ten of old, whose estates were worth at least 75,000 asses. To these were added two centuries of artificers, (fabrum,) carpenters, smiths, &c. to manage the engines of war. These Livy joins to the first class. It is hardly to be imagined that those artificers, were composed of the members of either the first or the second class, but of their ser- vants or dependents ; for not only the mechanic arts, but likewise every kind of trade, was esteemed dishonourable among the ancient Romans. The third class was also divided into twenty cejituries ; their estate was 50,000 asses. The fourth class likewise contained twenty centuries ; their estate was 25,000 asses. To these Dionysius adds two centuries of trum- peters, vii. 59. The fifth class was divided into thirty centuries ; their estate was 11,000 asses, but according to Dionysius, 12,500. Among these, according to Livy, were included the trumpeters and cornetters, or blowers on the horn, distributed into three centuries, whom Dionysius joins as two distinct centuries to the fourth class. The sixth class comprehended all those who either had no estates, or were not worth so much as those of the fifth class?. The number of them was so great as to exceed that of any of the other classes; yet they were reckoned but as one century. Thus the number of centuries in all the classes was, according to Livy, 191 ; and according to Dionysius, 193. Some make the number of Livy to amonnt to 194, by supposing that the trumpeters, &c. were not included in the thirty centuries of the fifth class, but formed three distinct centuries by themselves. Each class had arms peculiar to itself, and a certain place in the army according to the valuation of their fortunes. 78 ROMAN ANTIQUITIES. By this arrangement the chief power was vested in the richest citizens, who composed the first class, which, although least in num- ber, consisted of more centuries than all the rest put together ; but they likewise bore the charges of peace and war (rmmiapacis et belli) in proportion, Liv. i. 42. For, as the votes at the Comitia, so like- wise the quota of soldiers and taxe:, depended on the number of centuries. Accordingly, the first class, which consisted of ninety- eight, or, according to Livy, of one hundred centuries, furnished more men and money to the public service than all the rest of the state besides. But they had likewise the chief influence in the as- semblies of the people by centuries. For the Equites and the cen- turies of this class were called first to give their votes, and if they were unanimous, the matter was determined ; but if not, then the centuries of the next class were called, and so on, till a majority of centuries had voted the same thing. And it hardly ever happened that they came to the lowest, Liv. i. 43. Dionys. vii. 59. In after times some alteration was made, as is commonly suppo- sed, in favour of the Plebeians, by including the centuries in the tribes ; whence mention is often made of tribes in the Comitia Cen- turiata, Liv. v. 18. Cic. in. Hull. ii. 2. pro Plane. 20. In conse- quence of which, it is probable, that the number of centuries as well as of tribes was increased, Cic. Phil. ii. 82. But when or how this was done is not sufficiently ascertained, only it appears to have, taken place before the year of the city 358, Liv. v. 18. Those of the first class were called CLASSIC1 ; all the rest were said to be INFRA CLASSEM, A. Gell. vii. 13. Hence classici auctores, for the most approved authors, Id. xix. 8. Those of the lowest class who had no fortune at all, were called CAPITE CENS1, rated by the head ; and those who had below a certain valuation, PROLETARII, Gell. xvi. 10. whence sermo pro- letarius for vilis, low, Plant. Mild. Glor. iii. 1. 157. This properly was not reckoned a class ; whence sometimes only five classes are mentioned, Liv. iii. 30. So Quinta classis videntur, of the lowest, Cic. Acad. iv. 23. This review of the people was made (census habitus, v. actus est) at the end of every five years ; first by the kings, then by the con- suls ; but after the year 310 by the censors, who were magistrates created for that very purpose. We do not find however that the census was always held at certain intervals of time. Sometimes it was omitted altogether, Cic. pro Arch. 5. After the census was finished, an expiatory or purifying sacrifice (sacrificium lustrale) was made, consisting of a sow, a sheep, and a bull, which were carried round the whole assembly, and then slain ; and thus the people were said to be purified (lustrari). Hence also lustrare signifies to go round, to survey, Virg. Eccl. x. 55. Mn. viii. 231. x. 224. and circumferre, to purify, Plaut. Amph. ii. 2. 144. Virg. Mn. vi. 229. This sacrifice was called SUOVETAURILIA, or SOLITAURILIA, and he, who performed it, was said CONDE- THE COMITIA CENTURIATA, &c. 79 RE LUSTRUM. It was called lustrum a luendo, i. e. solvendo, because at that time all the taxes were paid by the farmers-general to the censors, Varr. L. L. v. 2. And because this was done at the end of every fifth year, hence LUSTRUM is often put for the space of five years ; especially by the poets, Homt. Od. ii. 4. 24. iv. 1. 6. by whom it is sometimes confounded with the Greek Olym- piad, which was only four years, Ovid. Pont. iv. 6. 5. Martial, iv. 45. It is also used for any period of time, Plin. ii. 48. The census anciently was held in the forum, but after the year of the city 320, in the villa publico,, which was a place in the Campus Martins, Liv. iv. 22. fitted up for public uses ; for the reception of foreign ambassadors, &c. Liv. xxxiii. 9. Varro de Re Rustica, ill. 2. Lucan. ii. 196. The purifying sacrifice was always made {lustrum conditum est) in the Campus Martius, Liv. i. 44. Dionys. iv. 22. The census was sometimes held without the lustrum being perform- ed, Liv. iii. 22. 1. The Causes of assembling the Comitia Centuriata. The COMITIA CENTURIATA were held for creating magis- trates, for passing laws and for trials. In these comitia were created the consuls, praetors, censors^ and sometimes a proconsul, Liv. xxvi. 13 ; also the decemviri, mili- tary tribunes, and one priest, namely, the rex sacrorum. Almost all laws were passed in them, which were proposed by the greater ma- gistrates ; and one kind of trial was held there, namely, for high trea- son, or any crime against the state, which was called JUDICIUM PERDUELLIONIS ; as, when any one aimed at sovereignty, which was called crimen regni, Liv. vi. 20. or had treated a citizen as an enemy, Cic. en Verr. i. 5. War was also declaredat these comitia, Liv. xxxi. 6. and 7. xlii. 30* 2. The Magistrates who presided at the Comitia Centuriata ; the Place where they were held, the maimer of summoning them, and the Persons who had a right to vote at them. The Comitia Centuriata could be held only by the superior ma- gistrates, i. e. the consuls, the praetor, the dictator, and interrex - But the last could only hold the comitia for creating magistrates, and not for passing laws. The censors assembled the people by centuries ; but this assembly was not properly caled comitia, as it was not to vote about any thing. The praetors could not hold the comitia, if the consuls were present, without their permission ; Liv. xxvii. 5. but they might in their ab- sence, Id. xliii. 16. xlv. 21. especially the praetor urbanus ; and, as in the instance last quoted, without the authority of the Senate. The consuls held the comitia for creating the consuls, and also for creating the praetors ; (for the praetors could not hold the comitia for creating their successors, Cic. ad Jitt. ix. 9.)-and for creating the censors, Liv, vii. 22. Cic. Att* iv. 2. 80 ROMAN ANTIQUITIES. The consuls determined which of them should hold these comitia, either by lot or agreement (sorte vel consensu ; sortiebantur vel com- parabant), Liv. passim. The comitia for creating the first consuls were held by the praefect of the city, Spurius Lucretius', Liv. i. 60. who was also interrex, Dionys. iv. 84. When a rex sacrorum was to be created, the comitia are thought to have been held by the pontifex maximus. But this is not quite certain. The person presiding in the comitia had so great influence, that he is sometimes said to have himself created the magistrates, who were elected, Liv. i. 60. ii. 2. iii. 54. ix. 7. When, from contention betwixt the Patricians and Plebeians, or betwixt the magistrates, *or from any other cause, the comitia for electing magistrates could not be held in due time, and not before the end of the year, the patricians met and named (sine suffragio populi auspicatd prodebant) an interrex, out of their own number, Cic. pro Domo, 14. & Ascon in Cic, who governed only for five days ; Liv, ix. 34. and in the same manner different persons were always created every five days, till consuls were elected, who enter- ed immediately on their office. The comitia were hardly ever held by the first interrex: sometimes by the second; Liv, ix. 7. x. 11. sometimes* by the third; Id. v. 31. and sometimes not till the eleventh, Id. vii. 21. In the absence of the consuls, a dictator was sometimes created to hold the comitia, Id. vii. 22. viii. 23. ix. 7. xxv. 2. The Comitia Centuriata were always held without the city, usually* in the Campus Martins ; because anciently the people went armed in martial order (sub signis) to hold these assemblies ; and it was unlawful for an army to be marshalled in the city, Liv. xxxix. 15. Gell. xv. 27. But in latter times a body of soldiers only kept guard on the Janiculum ; where an Imperial standard was erected, (vexil- lum positum erat,) the taking down of which denoted the conclusion of the comitia, Dio. xxxvii. 27. & 28. The Comitia Centuriata were usually assembled by an edict. It behoved them to be summoned (edict v. indict) at least seventeen days before they were held, that the people might have time to weigh with themselves, what they should determine at the comitia* This space of time was called TRINUNDINUM, or TRINUM NUNDINUM, i. e. tres nundmaz, three market days, because the people from the country came to Rome every ninth day to buy and sell their commodities ; Liv. iii. 35. (Nundina a Romanis nono quoque die celebrates ; intermedins septem diebus occupabantur ruri, Dionys. ii. 28. vii. 58. reliquis septem rura colebant, Varro de Re Rust, praef. 1 1 .) But the comitia were not held on the market-days, (nundinis,) because they were ranked among the ferics or holy days, on which no business could be done with the people, Macrob, i. 16. (ne plebs rustica avocarctur, lest they should be called off from CANDIDATES. 81 their ordinary business of buying and selling,) Plin. xviii. 3. This However was not always observed, Cic. Alt. i. 14. But the comitia for creating magistrates were sometimes sum- moned against the first lawful day, (inprimum comitialem diem,) Liv. xxiv. 7. All those might be present at the Comitia Centuriata, who had the full right of Roman citizens, whether they lived at Rome, or in the country. 3. CANDIDATES. Those, who sought preferment, were called CANDID ATI, from a white robe (a toga Candida) worn by them, which 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, however, was anciently forbidden by law, (ne cui album, i. e. cretani, in ve'stimentum addere, pttitionis causa liceret,) Liv. iv. 25. The candidates did not wear tunics or waistcoats, either that they might appear more humble, or might more easily show the scars they had received on the breast or fore part of their body, (adverso cor- pore,) Plutarch, in Coriolano. In the latter ages of the republic, no one could stand candidate, who was not present, and did not declare himself within the legal days, that is, before the comitia were summoned, Sail. Cat* 18. Cic, Fam. xvi. 12. and whose name was not received by the magistrates ; for they might refuse to admit any one they pleased ; (nomen acci- pere, vel rationem ejus habere,) but not without assigning a just cause, Liv. viii. 15. xxiv. 7. & 8. Val. Max. iii. 8. 3. Veil. ii. 92. The opposition of the consuls, however, might be overruled by the Se- nate, Liv. iii. 21. For a long time before the election, the candidates endeavoured to gain the favour of the people by every popular art ; Cic. Attic, i. 1. by going round the houses, (ambiendo,) by shaking hands with those they met; (prensando,) by addressing them in a kindly man- ner, and naming them ; &c. on which account they commonly had along with them a monitor, or NOMENCLATOR, who whispered in their ears every body's name, Horat. Ep. i. 6. 50. &c. Hence Cicero calls candidates natio officio sis sima, in Pis. 23. On the mar- ket-days they used anciently to come into the assembly of the peo- ple, 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 Campus Martins at certain times, they were at- tended by their friends and dependents, who were called DEDUC- TORES, Cic. de pet. cens. 9. They had persons likewise to divide money among the people, (DIVISORES, Cic. Att. i. 17. Suet. Aug. 3.) For this, although forbidden by law, was often done openly, and once against Caesar, even with the approbation of Cato, Suet. Jul. 19. There were also persons to bargain with the people for their votes, called INTERPRETES, and others in whose hands 11 82 ROMAN ANTIQUITIES. the money promised was deposited, called SEQUESTRES, Cic. Att. in Verr. i. 8. & 12: Sometimes the candidates formed combinations (coitiones) to disappoint (ut dejicerent) the other competitors, Cic. Att. ii. 18. Liv. iii. 35. Those who opposed any candidate, were said ei refragari, and those who favoured him, suffragari vel. suffragatores esse : hence suf fragatio, their interest, Liv. x. 1 3. Those, who got one to be elect- ed, were said, ei pra&tur am gratia campestri capere, Liv. vii. 1. or eum trahere ; thus, Pervicit Appius, ut dejecto Fabio, fratrem traheret, Liv. xxxix. 32. Those, who hindered one from being elected, were said, a consulatu repellere, Cic. in Cat. i. 10. 4. The Manner of proposing a Law, and of naming a Day for one's Trial. When a law was to be passed at the Comitia Centuriata, the ma- gistrate who was to propose it, (laturus v. rogaturus,) having 'con- sulted with his friends and other prudent men, whether it was for the advantage of the republic, and agreeable to the customs of their an- cestors, wrote it over at home ; and then having communicated it to the senate, by their authority, (ex Senatus consulto,) he promulgated it, that is, he pasted it up in public, (publice v. in publico propone- bat; promulgabat, quasi, provulgabat, Festus,) for three market-days; that so the people might have an opportunity of reading and consi- dering it. Cic. Verr. 5. 69. In the meantime he himself, (legisla- tor vel inventor legis, Liv. ii. 56.) and some eloquent friend, who was called AUCTOR legis, or SUASOR, every market-day read it over, (recitabat,) and recommended it to the people, (suadebat,) while others who disapproved it, spoke against it (dissuadebant). But in an- cient times all these formalities were not observed : thus we find a law passed the day after it was proposed, Liv. iv. 24. Sometimes the person who proposed the law, if he did it by the authority of the 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, (cum dies perduellionis dicta est, cum actio perduellionis intendebatur, Cic. vel cumaliquis capitis v. -te anquireretur, Liv.) it behoved the accu- sation to be published for the same space of time, (promulgatur roga- tie de mea pemicie, Cic. pro Sext. 20.) and the day fixed when the trial was to be, (proditd die, qua judicium futurum sit, Cic.) In the meantime the person accused (REUS.) changed his dress, laid aside every kind of ornament, let his hair and beard grow, (promittebat,) and in this mean garb (sordidatus), went round and solicited the favour of the people, (homines prensabat.) His noarest relations and friends did the same, Liv. passim. This kind of trial was generally capital, Liv. vi. 20. but not always so, Id. xliii. 16. Cic. pro Dom. 32. See Lex Porcia. 5, The Manner of taking the Auspices, On the day of the comitia, he who was to preside at them, (qui iispra- THE MANNER OF TAKING THE AUSPICES. 83 futurus erat,) attended by one of the augurs, (augure adhibito,) pitch- ed a tent, (tabernaculum cepit,) without the city, to observe the omens, (ad auspicia captanda, vel ad auspicafidum,) These Cicero calls AUGUSTA CENTURIARUM AUSPICIA, pro Mil. 16. Hence the Campus Martius is said to be eonsularibus auspiciis conse- cratus, Cic. in Cat. iv. 1. and the comitia themselves were called, AUSPICATA, Ue, xxvi. 2. If the TABERNACULUM, which perhaps was the same with templum or arx, the place which they chose to make their observa- tions, (ad inaugurandum, Liv. i. 6. s. 7. & 18.) had not been taken in due form, (parum recte captum esset,) whatever was done at the comitia was reckoned of no effect, (pro irrito habebatur,) Liv. iv. 7. Hence the usual declaration of the augurs, (augurum solennis pro- nunciatoj) Vitio tabernaculum captum; vitio magistratus creatos vel vitiosos; vitio legem latam; vitio diem dictam, Cic. & Liv. passim. And so scrupulous 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, (vitium 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 several months after they had entered upon it, Liv. ibid. Cic. de Nat. Deor. ii. 4. When there was nothing wrong in the auspices, the magistrates were said to be salvis auspiciis creati, Cic. Phil. ii. 33. When the consul asked the augur to attend him, (in auspicium ad- hibebat,) he said, Q. Fabi, te mihi in auspicio esse volo. The augur replied, Audivi, Cic. de Divin. ii. 34. There were two kinds of auspices which pertained to the Comitia Centuriata. The one was, observing the appearances of the hea- vens, (servare de cazlo, vel caelum,) as, lightning, thunder, &c. which was chiefly attended to. The other was the inspection of birds. Those birds which gave omens by flight, were called PRiEPETES : by singing, OSCINES : hence the phrase, si avis occinuerit, Liv. vi. 41. x. 40. When the omens were favourable, the birds were said, addicere vel admittere; when unfavourable, abdicere, non ad* dicere, vel refragari. Omens were also taken from the feeding of chickens. The per- son who kept them was called PULLARIUS. If they came too slowly out of the cage, (ex caved,) or would not feed*, it was a bad omen; Liv. vi. 41. but if they fed greedily, so that something fell from their mouth, and struck the ground, (terram paviret, i. e. ftri- ret;) it was hence called TRIPUDIUM SOLISTIMUM, (quasi terripavium vel terripudium, Cic. div. ii. 34. Festus in PULS. ;) Liv. x. 40. Plin. x. 21. s. 24. and was reckoned an excellent omen, (auspicium egrcgium vel optimum,) ibid. When the augur declared that the auspices were unexceptionable, (omni vitio carere,) that is, that there was nothing to hinder the comitia from being held, he said, Su.entium esse videtur ; Cic. dr. 84 ROMAN ANTIQUITIES. Div, ii. 34. but if not, he said, ALIO DIE, Cic. de Legg. ii. 12. on which account the comitia could not be held that day. Thus, Pa- pirio legem ferenti triste omen diem diffidit, i. e. Rem in diem poste- rum rejicere coegit, Liv. ix. 38. This declaration of the augur was called NUNTIATIO, or obnun- tiatw. Hence Cicero says of the augurs, Nos nuntiationem solum HABEMUS ; ET CoNSULES ET RELIQUI MAGISTRATUS ETIAM SPECTIfc- nem, v. inspectionem j Cic. Phil. ii. 32. but the contrary seems to be asserted by Fcstus ; (in voce SPECTIO,) and commentators are not agreed how they should be reconciled. It is supposed there should be a different reading in both passages, Vid. Abram. in Cic. & Sca- tiger, in Fest. Any other magistrate, of equal or greater anthority than he who presided, might likewise take the auspices; especially if he wished to hinder an election, or prevent a law from being passed. If such magistrate therefore declared, Se de coelo servasse, that he had heard thunder, or seen lightning, he was said OBNUNTIARE, (au- gur auguri, consul consuli obnuntiavisti, al. nuntidsti. Cic. Phil. ii. 33.) which he did by saying, ALIO DIE; whereupon, by the Lex JElia et Fusia, the comitia were broken off; (dirimebantur,) and de- ferred to another day. Hence obnuntiare concilio aut comitiis, to prevent, to adjourn; and this happened, even if he said that he had seen what he did not see, (si auspicia ementitus esset,) because he was thought to have bound the people by a religious obligation, which must be expiated by their calamity or his own, Cic. Phil. ii. 33. Hence, in the edict, whereb}' the comitia were summoned, thisyor- mula was commonly used, Ne quis minor magistrates de coelo servasse velit : which prohibition Clodius, in his law against Cice- ro, extended to all the magistrates, Dio. xxxviii. 13 The comitia were also stopped, if any person, while they were holding, was seized with the falling sickness or epilepsy ; which was hence called MORBUS COMITIALIS; or if a tribune of the com- mons interceded by the solemn word, VETO ; Liv. vi. 35. or any magistrate of equal authority with him, who presided, interposed; by wasting the day in speaking, or by appointing holy days ; &c. Cic. ad Fratr. ii. 6. and also if the standard was pulled down from the Janiculum ; as in the trial of Rabirius, by Metellus the prastor, Dio. lib. xxxvii. 27. The comitia were also broken off by a tempest arising ; but so, that the election of those magistrates, who were already created, was not rendered invalid, (ut jam creati von vitiosi redderentur,) Liv. xl. 59. Cic. de Divin. ii. 18. unless when the comitia were for creating censors. 6. The Manner of Holding the Comitia Centuriata. When there was no obstruction to the comitia, on the day ap- pointed, the people met in the Campus Martins. The magistrate, H ho was to preside, sitting; in his curule chair on a tribunal, (pro tri- THE COMITIA CENTURIATA, ^c. 85 bujiali,) Liv. xxxix. 32. used to utter a set form of prayer, before he addressed the people, Liv. xxxix. 15. the augur repeating over the words before him, augure verba prcEeunte, Cic.) Then he made a speech to the people about what was to be done at the comitia. If magistrates were to be chosen, the names of the candidates were read over. But anciently the people might choose whom they pleased, whether present or absent, although they had not declared themselves candidates, Liv. passim. If a law was to be passed, it was recited by a herald, while a secre- tary dictated it to him, (subj iciente scribd,) and different persons were allowed to speak for and against it, Liv. xl. 21 . A similar form was observed at trials, because application was made to the people about the punishment of any one, in the same manner as about a law. Hence irrogare pcenam, vel mulctam, to inflict or impose. The usual beginning of all applications to the .people, (omnium ro- gationum,) was VELITIS, JUBEATIS, QUIRITES; and thus the people were said to be consulted, or asked, (consuli vel rogari;) and the consuls to consult or ask them ; Cic. $* Liv. passim. Hence, jubere legem vel rogationem, also Decernere, to pass it ; Sajl. Jug. 40. ve- tare, to reject it; rogare magistrates, to create or elect, Sail. Jug. 29. Rogare quwsitores, to appoint judges or inquisitors, ib. 40. So jus- ta ct vetita populi in jubendis v. sciscendis legibus, Cic. de Legg. ii. 4. Quibus sc. Silano et Muicenae, consulates, me rogante. i. e. praesi- dente, datus est, Id. proMur. 1. Then the magistrate said. Si vobis VIDETUR, DISCEDITE, QUIRITES ; Or, ItE IN SUFFRAGIUM, BENE Ju- VANTIBUS DlIS, ET, QUiE PATRES CENSUERUNT, VOS JUBETE, LlV. xxxi. 7. Whereupon the people, who, as usual, stood promiscuous- ly, separated, every one to his own tribe and century, Ascon. in Cic. pro Corn. Balbo. Hence, the magistrate was saidmittere populumin suffragium / and the people, mire vel ire suffragium, Cic. & Liv, passim. Anciently the centuries were called to give their votes according to the institution of Servius Tullius ; first, the Equites, and then the centuries of the first class, &c. but afterwards, it was determined by lot, (SORTITIO Jlebat,) in what order they should vote. When this was first done is uncertain. The names of the centuries, were thrown into a box, (in sitellam; sitella defertur, Cic. N. D. i. 38. Sitella allata est, ut sortirentur, Liv. xxv. 3.) and then the box being shaken, so that the lots might lie equally, (sortibus azquatis,) the cen- tury which came out first gave its vote first, and hence was called PRiEROGATlVA, Liv. v. 18. Those centuries, which followed next, were called PRIMO VOCAT^, Liv. x. 15. & 22. The rest JURE VOCAT^E, Liv. xxvii. 6. But all the centuries are usually called jure vocatce, except the prcerogativa. Its vote was held of the greatest importance, (ut iiemo nnquam prior earn tulerit, quin renunciatus sit, Cic. pro Plane. 20. Divin. ii. 40. Mur. 18.) Liv. xxvi. 22. Hence trjerogativa is put for a sign or pledge, a fa- vourable omen or intimation of any thing future; Supplicatio 86 * ROMAN ANTIQUITIES. pnzrogativa triumphi, Cic. Fam. xv. 5. soi. Act. Verr. 9. Plin. vii. 16. xxxvii. 9. s. 46. for a precedent or example, Liv. iii. 51. a choice; Id. xxi. 3. or favour, Id. xxviii. 9. and among later writers for a peculiar or exclusive privilege. When tribes are mentioned in the Comitia Centuiiata, Liv. x. 13. it is supposed, that after the centuries were included in the tribes, the tribes first cast lots ; and that the tribe, which first came out, was called PR^ROGATIVA TRIBUS ; and then, that the cen- turies of that tribe cast lots which should be the prcerogativa centu- ria. Others think, that, in this case, the names of tribes and cen- turies are put promiscuously, the one for the other. But Cicero calls centuna, pars tribus ; and that, which is remarkable, in the Co- mitia Tributa, pro Plane. 20. Anciently the citizens gave their votes viva voce ; and in creating magistrates, they seem each to have used this form ; Consules, &c. nomino vel dico, Liv. xxiv. 8. & 9. in passing laws; Uti ro- gas, volo vel jubeo, Cic. de Legg. ii. 10. The will or command of the people was expressed by.vELLE, and that of the senate by cen- sure, Sail. Jug. 21. hence leges magistratusque rogare, to make, Liv. 1. 17. Sometimes a person nominated to be consul, &c. by the prasroga- tive century, declined accepting, Liv. v. 18. xxvi. 22. or the ma- gistrate presiding disapproved of their choice, and made a speech to make them alter it. Whereupon the century was recalled by a he- rald to give its vote anew ; (in suffragium revocata ; thus, Redite in suffragium, Liv. ibid.) and the rest usually voted the same with it, (auctoritatem prmrogativm secutm sunt ; eosdem consules ceterce centuries sine variatione idla dixerunt,) Liv. xxiv. 8. & 9. In the same manner after a bill had been rejected by almost all the centu- ries, on a subsequent day, (alteris comitiis,) we find it unanimously enacted; as about declaring war on Philip, Ab hac oratione in SUFFRAGIUM MISSI, UT ROGARAT, BELLUM JUSSERUNT, Liv. XXxi. 8. But in later times, that the people might have more liberty in voting, it was ordained, by various laws, which were called LEGES* TABELLARIjE, that they should vote by ballot ; first in confer- ring honours, by the Gabinian law, made A. U. 614. Cic. de A,. 12. Plin. Ep. iii. 20. two years after, at all trials, except for treason, by the Cassian law ; Cic, Brut. 25. and 27. in passing laws, by the Papirian law, A. U. 622. and lastly, by the Cadian law, A. U. 630. also in trials for treason, which had been excepted by the Cassian law, Cic. de Legg. iii. 16. The purpose of these laws was to di- minish the influence of the nobility, Ibid. & Cic. Plane. 6. The centuries being called by a herald in their order, moved from the place where they stood, and went, each of them, into an enclo- sure, (SEPTUM vel OV1LE,) which was a place surrounded with boards, (locus tabulatis inclususf) and near the tribunal of the con- sul. Hence they were said to be intrd voeatce, sc. in ovile, Liv. x. 13. There was a narrow passage to it raised from the ground, call- THE COMITIA CENTUPJATA, &c. 87 ed PONS or PONTICULUS, by which each century went up one after another. Suet. Jul. 80. Hence old men at sixty (SEXAGE- NARII) were said, deponte dejici ; and were called DEPONTA- NI, because, after that age, they were exempted from public busi- ness, Varro fy Festus ; to which Cicero alludes Rose. Am. 35. But a very different cause is assigned for this phrase, both by Varro and Festus. There were probably as many Pontes and Septa, or Ovilia, as there were tribes and centuries. Hence Cicero usually speaks of them in the plural; thus, Pontes lex Maria fecit angustos, de Legg. iii. 1 7. Operoi Clodiance pontes occupdrunt, Attic, i. 1 4. Cozpio cum bonis viris impetum facit, pontes dejicit, ad Herenn. i. 12. Cum Clo- dius in septa irruis set, pro Mil. 15. So miseroi maculavit ovilia Ro- mce, Lucan, Pharsal. ii. 197. Some think that each tribe and century voted in its own ovile, Serv. in Virg. Eel. i. 34. But this does not seem consistent with what we read in other authors. At the entrance of the pons, each citizen received from certain officers, called D1RIB1TORES, or distributores, ballots, (tabula vel tabellaz,) on which, if magistrates were to be created, were inscribed the names of the candidates, not the whole names, but only the initial letters, Cic. pro Dom. 43. and they seem to have received as many tablets as there were candidates. We read of other tables being given in, than were distributed, which must have been brought from home, Suet. Jul. 30. but as no regard was paid to them, this seldom happened. The same thing took place, also under the Emperors, when the right of electing magistrates was transferred from the people to the senate, Plin. Ep. iv. 25. If a law was to be passed, or any thing to be ordered, as in atrial, or in declaring war, &c. they received two tablets ; on the one were the letters U. R. i. e. UTI ROGAS, sc. volo veljubeo, I am for the law ; and on the other A. for ANTIQUO, i. e. Antiqua probo, nihil novi statui volo ; I like the old way, I am against the law. Hence antiquare legem, to reject it. Of these tablets every one threw which he pleased into a chest, (in cistam) at the entrance of the ovile, which was pointed out to them by the ROGATORES, who asked for the ballots, and an- ciently for the votes, when they were given viva voce, Cic. de Di- vin. i. 17. ii. 35. Nat. D. ii. 4. Then certain persons, called CUS- TODES, who observed that no fraud should be committed in cast- ing lots and voting, (in sortitione et suffragiis,) took out (educebant) the ballots, and counted the votes by points marked on a tablet, which was called Dirimere suffragia, or Diremptio suffragionvm, Lucan. v. 393. whence omne punctum fcrre, for omnibus suffragiis renunciari, to gain every vote; and what pleased the majority, was declared by a herald to be the votes of that century. The person, who told to the consul the vote of his century, (qui centuriam suam rogavit, et ejus suffragium retulit ; vel Consules a centurid sua creatos 88 ROMAN ANTIQUITIES. rcnunciavit, reixdit) was called ROGATOR, Cic. ib. <£• de Oral. ii. 64. Thus all the centuries were called one after another, till a majority of centuries agreed in the same opinion ; and what they judged was held to be ratified. The Diribitores, Rogatores, and Custodes, were commonly per- sons of the first rank, and friends to the candidates, or favourers of the law to be passed, who undertook these offices voluntarily ; Cic. in Pis. 15. post. red. in Sen. 11. Augustus is supposed to have se- lected 900 of the equestrian order to be Custodes or Rogatores, (ad custodiendas cistas suffragiorum,) 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 supposed to have acquitted. The candidate, who had most votes, was immediately called by the magistrate who presided ; and after a solemn prayer, and taking an oath, was declared to be elected (renunciatus est) by a herald, Cic. pro leg. Manil. 1. pro Murom. 1. in Rull. ii. 2. Veil. ii. 92. Then he was conducted home by his friends and dependents with great pomp. It was esteemed very honourable to be named first, Cic. pro leg. Manil. 1. Those who were elected consuls, usually crowned the images of their ancestors with laurel, Cic. Mur. 41. When one gained the vote of a century, he was said ferre centu- riam, and non ferre vel perdere, to lose it ; so ferre repulsam, to be rejected ; but ferre suffragium vel tabellam, to vote ; thus, Meis co~ mitiis non tabellam vindicem iacita libertatis, sed vocem vivam tulis- tis, Cic. in Rull. ii. 2. The magistrates created at the Comiiia Centuriata, were said fieri, creari, declarari, nominari, did, renunciari, designari, rogari, <£c. In creating magistrates this addition used to be made, to denote the fullness of their right: Ut qui optima lege fuerint ; optimo Jure ; eo Jure, quo qui optimo, Festus in Optima lex. Cic. in Rull. l. 11. Phil. xi. 12. Liv. ix. 34. When a law was passed, it was said perferri ; the centuries which voted for it, were said Legem jubere, v. rogatiojjem acci- pere, Liv. ii. 57. iii. 15. 63. <$• alibi passim; those who voted against it, Antiquare, vetare, v. non accipere. Lex rogatur, dumfertur; abrogatur, dum tollitur : derogatur legi, v. de lege, cum per novum legem aliquid veteri legi detrahiiur: subrogatur, cum alicjuid adjit itur : obrogatur, cum nova lege iufrmatur, Ulpian and Festus. Ubi dim contraries leges sunt, semper antique abrogat nova t the new law invalidates the old, Liv. ix. 34. Two clauses co umonly used to be added to all laws : 1. Si quid NON LICUERIT ROGARI, UT EJUS HAC LEGE NIHIL ESSET ROGATUM I 2. Si quid contra ALIAS leges EJUS LEGIS ERGO LATUM ESSET, UT EI, QUI EAM LEGEM ROGASSET, IMPUNE ESSET, ClC. Att.Wl. 23. which clause (caput) Cicero calls TRANSLATITIUM, in the law of Clo- THE COMITIA CENTURIATA, &c, 89 dius against himself, because it was transferred from ancient laws, ibid. This sanction used also to be annexed, Ne quis per saturam ab- rogato ; i. e. per legem in qua conjunctim multis de rebus una roga- tione populus consulebatur, Festus. Hence Exquirere sententias per saturam, i. e. passim, sine certo ordine, by the gross or lump, Sal, Jug. 29. In many laws this sanction was added, Qui aliter vel secus faxit v. fecerit, sacer esto ; i. e. ut caput ejus, cum bonis veifamilid, alicui deorum consecraretur v. sacrum esset : that it might be lawful to kill the transgressor with impunity, Liv. ii. 8. iin 55. Cic. pro Balb. !4. 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 piano, i. e. from the ground, legi posset.) Hence In capitolio legum azra liquefacta, Cic. Cat. iii. 8. Nee verba minacia fixo are legebantur, Ovid. Met. i. 3. Fixit leges pretio atque rejixit, made and unmade, Virg. JEn. vi. 622. Cic. Phil. xiii. 3. Fam. xii. 1. After the year of the city 598, when the consuls first began to en- ter on their office on the first day of January, the comitia for their election were held about the end of July, or the beginning of Au- gust, unless they were delayed by the intercession of the magistrates, or by inauspicious omens. In the time of the first Punic war, the consuls entered on their office on the ides of March, and were cre- ated in January or February, Liv. passim. The praetors were al- ways elected after the consuls, sometimes on the same day, Liv. 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, ac- cording to their regions or wards, (ex regionibus et locis, A. Gell. xv. 27. The name of tribes was derived either from their original number three, (a numero ternario,) or from paying tribute (a tribulo), Liv. i. 43. or, as others think, from t^ttws, tertia pars tribv.s apud Athenien- $es, JEolict r^tTVKvq^ 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 occu- pied the Palatine hill ; the second from Titus Tatius, and included the Sabines, who possessed the Capitoline hill ; and the third from one Lucumo, a Tuscan, or rather from the grove (a luco) which Ro- mulus turned into a sanctuary, (asylum retulit, Virg. JEn. viii. 342.) and included all foreigners, except the Sabines. Each of these 12 90 ROMAN ANTIQUITIES tribes at first had its own tribune or commander, (Tribunus velprce- fectus,) Dionys. iv. and its own augur, Liv. x. 6. Tarquinius Priscus doubled the number of tribes, retaining the same names ; so that they were called Ramnenses primi and Ram- nenses secundi, or posteriores, &c. But as the Luceres in a short time greatly exceeded the rest in number, Servius Tullius introduced a new arrangement, and distri- buted the citizens into tribes, not according to their extraction, but from their local situation. He divided the city into four regions or wards, called PALATI- NA, SUBERRANA, COLLINA, and ESQUIL1NA, the inhabit- ants of which constituted as many tribes, and had their names from the wards which they inhabited. No one was permitted to remove from one ward to another, that the tribes might not be confounded, &ionys» iv. 14. On which account certain persons were appointed to take an account where every one dwelt, also of their age, for- tune, &c. These were called city tribes, (TRIBUS URBANjE,) and their number always remained the same. Servius at the same time divided the Roman territory into fifteen parts, (some say sixteen, and some seventeen.) which were called country tribes, (TRIBUS RUSTICS,) Dionys. iv. 15. In the year of the city 258, the number of tribes was made twen- ty-one, Liv. ii. 21. Here, for the first time, Livy directly takes no- tice of the number of tribes, although he alludes to the original in- stitution of three tribes, x. 6. Dionysius says, that Servius insti- tuted 31 tribes, iv. 15. But in the trial of Coriolanus, he only men- tions 21 as having voted, vii. 64. the number of Livy, viii. 64. The number of tribes was afterwards increased on account 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. Verr. i. 5. which number continued 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 were 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 inhabitants of a certain re- gion or quarter in the city or country; but afterwards this was al- tered ; and tribes came to be reckoned parts not of the city or country, but of the state, (non urbis std civitatis.) Then every one leaving the city tribes wished to be ranked among the rustic tribes. This was occasioned chiefly by the fondness of the ancient Romans for a country life, and from the power of the censors, who could in- stitute 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 separated the meaner sort of people from all the lMITIA curiata. 91 bes, through which they had been dispersed by App. Claudius, and included them in the four city tribes. Liz. ix. 46. Among these were ranked all those, whose fortunes were below a certain valu- ation, called PROLETARII : and those, who had no fortune at all. CAP1TE CENSI, Gell. xvi. 10. From this time, and perhaps be- fore, 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 honourable than others, Cic. pro Balbo. 25. Pica. xvii. 3. Hence, when the censors judged it proper to degrade a citizen, they removed him fron a more honourable to a less honourable tribe, [tribu mozebant ;) 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, Tribu* An. rinOi Ltrn-jiva. Mtzcia, Pomptina^ Quirina. Ron daptia. kc. or from some noble family: as, Aimilia. Claudia. Cluentia. Cornelia. Fabia. Horatio, Ju~ Mmucia. Papiria. Sergia. Terentina. Veturia, zs. as the JEdiles, both curule and Plebeian, the tribunes of the commons, qusestors, i:c. : all the provincial magii as the pro- tuls. proprietors, dec. ; also commissioners for settling colonies, : the P , and after the year 650. the other p -. (ice. by the Domitianlaw, Suet. JVer. 2. For, before that, the inferior priests were all chosen by their respective •-olleges. [a colt tabantur*) But at the election of the . and the other priests, what was singular, only • nteen 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 PLEB1SCITA. {qua piths suo i > sine p tu rogayite, at first only bound the Plebeians, but after the year 306. the whole Roman people. Liv. iii. 55. P / made about various thinis : as about making peace, Lh. xxxiii. 10. about granting the freedom of the city, about ordern unph when it was refused by the senate. Liv. iii. S3. ■wina command on orrnoials on'4he day of their triumph, 92 ROMAN ANTIQUITIES. Liv. xxvi. 21. about absolving from the laws, which in later times the senate 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 : bat about imposing a fine; Liv. iv. 41. And if any one accused of a capital crime did not appear on the day of trial, the Comitia Tributa were sufficient to decree banishment against him, (id ei justum 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, Liv. xlv. 1 5. Some had two tribes ; one in which they were born, and another, either by right of adoption, as Augustus had the Fa- bian and Scaptian tribes, Suet. Aug. 40. or as a reward for accusing one of bribery, (legis de ambitu prcemio,) Cic. pro Balbo. 25. At the Comitia Tributa the votes of all the citizens were of equal force, and therefore the patricians hardly ever attended 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 aediles, were held by one of the tribunes, to whom that charge was given, either by Jot or by the consent of his colleagues ; Liv. iii. 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, praetors, or tribunes of the commons. When the consul was to hold them, he by his edict summoned the whole Ro- man people ; but the tribunes summoned only the plebeians, GelL xv. 1 7. Hence they are sometimes called comitia populi, and some- times concilium plebis ; In the one the phrase was popidus jussit, in the other plebs scivit. But this distinction is not always observed. The Comitia Tributa, for electing magistrates, were usually held in 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 capitol ; Liv. xxxiii. 10. and sometimes in the circus Flami- nius, Liv. xxvii. 21. anciently called prata Flaminia, or circus Ap- polinaris; Id. iii. 63. where also Q. Furius, the Pontifex Maximus, held the comitia for electing 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 Caesars name, marble enclosures (septa marmorea,) for holding the Comitia Tributa, Cic. Att. iv. 16. which work was prevented 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. Plin. xvi. 40. THE COMITIA CENTURIATA, &c. 93 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 had been thunder or light- ning, (si tonuisset autfulgur asset,) they could not be held that day. For it was a constant rule from the beginning of the republic, Jove FULGENTE, CUM POPULO AGI NEFAS ESSE, Cic, 171 VdtllU 8. ComitiO' rum solum vitium estfulmen, 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 of August ; for electing priests, when there was a vacancy, and for laws and trials on all comitial days. Julius Caesar first abridged the liberty of the comitia. He shared the right of creating magistrates with the people ; so that, except the competitors for the consulship, whose choice he solely deter- mined himself, the people chose one half, and he nominated (edebat) the other. This he did by billets dispersed through the several tribes to this effect, Cesar Dictator illi tribui. Commendo VOBIS ILLUM, ET ILLUM, UT VESTRO SUFFRAGIO SUAM DIGNITATEM TENEANT, Suet. C(BS. 41. Augustus restored this manner of election, after it had been drop- ped for some time during the civil wars, which followed Caesar's death, Suet. Aug, 40. Dio. liii. 21. Tiberius deprived the people altogether of the right of election, Juvenal, x. 77. and assuming the nomination of the consuls to him- self, 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. Ann. i. 15. Dio. Cass, lviii. 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 connexions, and were appointed to their office by the people, with the usual solem- nities, Plin. Paneg. 63. But the method of appointing magistrates under the Emperors, seems to be involved in uncertainty, Suet. Cces. 40. 76. 80. Aug. 40. 56. Ner. 43. Vit. 11. Vesp, 5. Dom. 10. Tacit, Ann, i. 15. Hist, i. 77. as indeed Tacitus himself acknowledges, particularly with re- spect to the consuls, Annul, i. 81. Sometimes, especially under good emperors, the same freedom 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 candidates by a law against bribery, (ambitus lege;) and by or- daining, 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. 19. When the right of creating magistrates was transferred to the senate, it at first appointed them 94 ROMAN ANTIQUITIES. by open votes ; (apertis refragiis) but the noise and disorder, which this sometimes occasioned, made the senate, in the time of Trajan, adopt the method of balloting, (ad tacita suffragia decurrere,) Plin. Ep. iii. 20. which also was found to be attended with inconveniences, which Pliny says, the Emperor aione could remedy, Id, iv. 25. Augustus followed the mode of Julius Cassar at the Comitia, Dio. liii. 21. although Maecenas, whose counsel he chiefly followed, ad- vised him to take this power altogether from the people, Dio, Iii. 30. As often as he attended at the election of magistrates, he went round the tribes, with the candidates whom he recommended, (cum suis candidatis,) and solicited the votes of the people in the usual man- ner. He himself gave his vote in his own tribe, as any other citizen, (ut unus e populo,) Suet. Aug. 56. ROMAN MAGISTRATES. Differentforms of Government^ and different Magistrates at different times* Rome was first governed by kings ; but Tarquin, the 7th king, be- ing expelled for his tyranny, A. U. 244, the regal government was abolished, and two supreme magistrates were annually created in place of a king, called CONSULS. In dangerous conjunctures a DICTATOR was created with absolute authority; and when there was a vacancy of magistrates, an INTERREX was appointed to elect new ones. In the year of the city 301, Liv. 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 scribendas,) But their power lasted only two years ; and the consular government was again restored. As the consuls were at first chosen only from the patricians, 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 su- preme magistrates should be annually created 5 three from the pa- tricians, and three from the plebeians ; who were called MILITARY TRIBUNES, (Tribani'militum consulari potestate*) Dionys. xi. 60. There were not, however, always six tribunes chosen ; some- times only three, Liv, iv. 6. 16. 25. and 42. sometimes four, ib. 31. 35. & 44. and sometimes even eight, Id, v. 1. Nor was one half always chosen from the patricians, and another half from the plebeians. They were, on the contrary, usually all pa- tricians; Id, iv. 25. 44. 50. &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 re- quired ; 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 the ca«p. but the contrary. From this time the supreme power remain- ROMAN MAGISTRATES, 95 ed in the hands of the consuls till the usurpation of Sylla, A. U. 672. who having vanquished the party of Marius, assumed to himself ab- solute 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 restored, and continued, till Julius Caesar, having defeated Pompey at the battle of Pharsalia, and having subdued the rest of his oppo- nents, in imitation of Sylla, caused himself to be created perpetual dictator, and oppressed the liberty of his country. A. U. 70 S. 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 Cassius and the other conspirators ; but M. Antonius, who desired to rule in Caesar's room, prevented it. And Hirtius and Pansa, the consuls of the fol- lowing year, being slain at Mutina, Octavius, who was afterwards called Augustus, Antony, and Lepidus, shared between them the provinces of the republic, and exercised absolute power under the title of TRIUMVIRI reipublicce const ituendce. The combination between Pompey, Caesar, and Crassus, com- monly called the first triumvirate, which was formed by the contri- vance of Caesar, in the consulship of Metellus and Afranius A. IL 693. Veil, Pat. ii. 44. Horat. Odd. ii. 1. is justly reckoned the origin- al cause of this revolution, and of all the calamities attending it. For the Romans, by submitting to their usurped authority, showed that they were prepared for servitude. It is the spirit of a nation alone which can preserve liberty. When that is sunk by general corruption of morals, laws are but feeble restraints against the en- croachments of power. Juiius Caesar would never have attempted what he effected, if he had not perceived the character of the Ro- man people to be favourable to his designs. After the overthrow of Brutus and Cassius at the battle of Phi- lippi, A. U. 712. Augustus on a slight pretext deprived Lepidus of his command, and having vanquished Antony in a sea-fight at Ac- tium, became sole master of the Roman empire, 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 monarchy, the government perpetually tended to a military despotism, 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 appointed at different times, praetors, censors, aediles, tribunes of the commons, &c. ib. Under the em- perors, various new magistrates were instituted. Of MAGISTRATES in General. A magistrate is a person invested with public authority, (Magi?* 96 ROMAN ANTIQUITIES, tratus est, qui prmsit, Cic. de Legg. iii. 1. Dicitur magistrates a magistro. Magister autem est, qui plus aliis potest, Festus.) The office of a magistrate in the Roman republic was different from what it is among us. The Romans had not the same discrimi- nation betwixt public employments that we have. The same per- son might regulate the police of the city, 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 au- thority of a magistrate was called magistrates or potestas, his judi- cative power jurisdiction and his military command imperium. An- ciently all magistrates, who had the command of an army, were call- ed PRiETORES ; {pel quod cceteros prceirent, vel quod aliis prates- sent, Ascon. in Cic.) MAGISTRATUS either signifies a magistrate ; as, Magistrates jussit : or a magistracy; as, Titia magistrates dates est, Festus. So POTESTAS ; as Habere potestatem, gerere potestates, esse in v. cum pot est ate, to bear an office ; Gabiorum esse potestas, to be a ma- gistrate of Gabii, Juvenal x. 99. Juris dictionem tantum in wrbe de~ legari magistratibus solitam, etiam, per provincias, potestatibus demandavit, Suet. Claud. 24. Magistrates was properly a civil magistrate or magistracy in the city ; and Potestas in the pro- vinces (Magistrates, vel is, qui in potestate aliqud sit, ut putd pro- consul, vel prcetor, vel alii, qui provincias regunt, Ulpian.) But this distinction is not always observed, Sallust. Jug. 63. When a magistrate was invested with military command by the people, in whose power only it was, he was said esse in v. cum im- perio, injusto v. summo imperio. (Cum imperio esse dicitur cui nomi- natim est a populo mandatum imperium, Festus.) Thus, Abstinentiam neque in imperiis, neque in magistratibus prozstitit, i. e. neque cum cxercitui praesset fy jus belli gerendi haberet, neque cum munera civi~ lia in urbe gerret, Suet. Caes. 54. Nemine cum imperio (military com- mand) aut magistrate (civil authority,) tendente quoquam, quin Rho- dum diverteret, Id. Tib. 12. So magistrates fy imperia capere, to en- joy offices civil and military, Id. Cms. 15. But we find Esse in impe- rio, simply for Esse consulem, Liv. iv. 7. and all those magistrates were said Habere imperium, who held great authority and power ;) (qui et coercere aliquem possent, etjubere in carcerem duci, Paull. 1. 2. ff. de in jus vocando,) as the dictators, consuls, and praetors. Hence they were said to do any thing pro imperio, Liv. ii. 56. to which Terence alludes, Phorm. i. 4. 19. whereas the inferior ma- gistrates, the tribunes of the commons, the aediles, and quaestors, were said esse sine imperio, and to act only pro potestate, Liv. ii. 56. iv, 26. Sometimes potestas and imperium are joined : thus, Togates inrepublicd cum potestate imperioque versatus est, Cic. Phil. i. 7, Division of MAGISTRATES. The Roman magistrates were variously divided ; into ordinary and extraordinary, greater and less, curule and not curule; also, into patrician and plebeian, city and provincial magistrates. DIVISION OF MAGISTRATES, 97 The MAGISTRATUS ORDINARII were those, who were created at stated times, and were constantly in the republic*, the EXTRAORDINARII not so. The MAGISTRATUS MAJORES were those, who had, what were called, the greater auspices, (guce minoribus magis rata essent, Gell. xiii. 15.) The magisiratus majores ordinarii were the consuls,. praetors, and censors, who were created at the Comiiia Centuriata ; The extraordinarii were the dictator, the master of the horse, {ma- gister equitum,) the interrex, the prefect of the city. &c. The MAGISTRATUS MINORES ORDINARII were the tri- bunes of the commons, the aediles, and quaestors : EXTRAORDI- NARII. the prcefectus annonce, duumviri navales, & The MAGISTRATUS CURULES were those, who had the right of using the sella curulis or chair of state, namely, the dicta-, tor, the consuls, praetors, censors, and curule aediles. All the rest, who had not that right, were cajlcd NON CURULES, (Curules magisiratus apellati sunt, quia curru vehebantur, Festus : In quo cur- ru sella curulis erat, supra quam considered Gell. iii. 18.) The sel- la curulis was anciently made of ivory, or at least adorned with ivory ; hence Horace calls it, curule ebur, Ep. i. 6. 53. The ma- gistrates sat on it in their tribunal on all solemn occasions. In the beginning of the republic, the magistrates were chosen on- ly from the patricians, but in process of time also from the plebeians, except the interrex alone, (quern et ipsum pairicium esse, ef a patri- ciis prodi, necesse, erat, Cic. pro Domo, 14.) The plebeian magis- trates were the aediles and tribunes 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 (LEX ANNALIS) by L. Villius, or (L. Julius,) a tribune of the commons, A. U. 573, whence his family got the surname of annales, Liv. xl. 43. although 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. 16. It is certain that the praetorship used to be enjoyed two years after the aedileship, Cic, Famil. x. 25. and that the 43d was the year fixed for the con- sulship, Cic, Phil, v. 17. If we are to judge from Cicero, who fre- quently boasts that he had enjoyed every office in its proper year, (se suo quemque magistratum anno gessisse,) the years appointed for the different offices by the lex Villia were, for the qucestorship thir- ty-one, for the aedileship thirty-seven, for the praetorship forty, and for the consulship forty-three. But even under the republic popu- lar citizens were freed from these restrictions ibid, and the empe- rors granted that indulgence (annos remitiehnnt) to whomsoever i\ pleased, Plin. Ep, vii. 16. or the senate to gratify them, Dio, liii. 28. The lex annalis, however, was still observed, Plin, Ep. iii. It was ordained by the law of Romulus, that no one should en; on any office, unless the birds should give favourable omens : And by the CORNELIAN LAW, made by Sulla, A. U. 673. that a cer- 13 98 ROMAN XNTiqUITIES. tain order should be observed in obtaining 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 offices in the same year, Appian de Bell. Civ. i. p. 412. Liv, xxxii. 7. Cic. Phil. xi. 5. Liv. vii. 40. But these regulations also were not strictly observed. All magistrates were obliged, within five days after entering on their office, to swear that they would observe the laws, (in leges ju~ rare,) 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. 23. KINGS. Rome* was at first governed by kings, not of absolute power nor hereditary, but limited and elective. They had no legislative au- thority, and could neither make war nor peace without the concur- rence of the senate and people,! Dionys. ii. 13. Sallust. Catilin. 6. The kings of Rome were also priests, and had the chief direction of sacred things, Dionys. ii. 14. as among the Greeks. Virg. JEn. iii. 80. Cic, Divin. i. 40. The badges of the kings were the Trabea, i. e. a white robe adorn- ed with stripes of purple, or the toga prcetexta, a white robe fringed with purple, a golden crown, an ivory sceptre, the sella curulis, and twelve lictors, with the fasces and secures, 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. 51. fin. Dionys. iii. 61. Strab, v. p. 220. According to Pliny, Romulus used only the trabea. The toga prwtexta was introduced by Tullus Hostilius, and also the latus cla- ws, 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 * la early times, the science of government, the most intricate branch of human knowledge, because attainable only by long experience and deep reflection, must have been very imperfect. The complicated provisions, and intricate combinations, necessary for securing permanency to a republican government, require a degree of political refinement, and depth of foresight, beyond the reach of rude tribes of Barbarians, trained only to the exercise of the chase ; or inured to a species of pi- ratical warfare ; the image of the hunter's toil, of his address, and of his boldness. The regal, therefore, the most simple form of government, was adopted at Rome. t These things might be expected from the original constitution of the Roman state. The daring spirits, who at first associated themselves to Romulus, or who af- terwards flocked to Rome, in hopes of ameliorating their fortune, or of gratifying their ambition, would readily see the necessity of a supreme head ; but would not have easily submitted to be despoiled of that power, which they had individually ex- ercised over their respective followers, while they lived in a state of independence, and carved out for themselves and their attendants a scanty and precarious subsis- tence by their prowess or address. The subordinate classes, constituting the body of the people, long habituated to live under little restraint, also claimed and obtained a share in the government. seven kings, Romulus, Mma Pompilius, Tullus Hostilius, Ancus Marchis, L. Tarquinius Prisons, Servius Tullius, and L. Tarquinius, surnamed 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 uni- versally detested for his tyranny when assembled by anothet, 124 ROMAN ANTIQUITIES. Appian. de Bell. Civ. ii. and of making a motion, although the con- suls were present, Civ. Phil. vii. 1. pro Sext. 11. They likewise sometimes hindered the censors in the choice of the senate, Dio. xxxvii. 9. The tribunes often assembled the people merely to make ha- rangues to them, (concionem advocabant vel populum ad concionem,) Gell. xii. 14, By the ICILIAN law, it was forbidden, under the severest penalties, to interrupt a tribune while speaking, Dionys* vii. 17. Cic. pro Sext. 37. and no one was allowed to speak in the assemblies summoned by them, without their permission : Hence concionem dare, to grant leave to speak, Cic. Att. iv. 2. in concionem ascendere, to mount the rostra, ibid, concionem habere, to make a speech, or to hold an assembly for speaking ; and so, in concionem venire, Cic. pro Sext. 40. in concionem vocare, & in condone stare y Id. Acad. iv. 47. but to hold an assembly for voting about any thing, was, habere comitia,ve\ AGERE cum populo, Gell. xiii. 15. The tribunes limited the time of speaking even to the consuls themselves, Cic. pro Rabir. 2. and sometimes would not permit them to speak at all. (See p. 103.) They could bring any one before the assembly, {ad concionem vel in condone producere,) and force them to answer what questions were put to them, Cic. in Vatin. 10. Pis. 6. #* 7. post red. in Sen. 6. Dio. xxxviii. 16. By these harangues, the tribunes often inflamed the populace against the nobility, and prevailed on them to pass the most perni- cious laws. The laws, which excited the greatest contentions, were about di- viding the public lands to the poorer citizens, (LEGES AGRA- ROE,) Liv. ii. 41. iv. 48. vi. 11. Cic. in Rull. — about the distribu- tion of corn at a low price, or for naught, (Leges FRUMENTARLE vel annonarioz;) Liv. Epit. lx. lxxi. Cic. ad Herenn. i. 12. pro Sext. 25. Ascon. in Cic. — and about the diminution of interest, (de levando fcenore,) and the abolition of debts, either in whole or in part, (de novis tabulis; — leges FOENEBRES,) Liv. vi. 27. # 35. ~vii. 16. fy 42. xxxv. 7. Paterc. ii. 23. See p. 49. But these popular laws were usually joined by the tribunes with others respecting the aggrandizement of themselves and their order, Liv. vi. 35. fy 39. and when the latter were granted, the former were often dropped, c. 42. At last, however, 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 were promoted. The republic was managed for several ages with quiet and moderation, (placide modestequc.) But when wealth and luxu- ry were introduced, and avarice had seized all ranks, especially after the destruction of Carthage, the more wealthy plebeians joined the patricians, and they in conjunction engrossed all the honours and emoluments of the state. The body of the people were oppressed ; TRIBUNES. 125 and the tribunes, either overawed or gained, did not exert their in- fluence to prevent it ; or rather perhaps their interposition was dis- regarded, Sallust. Jug. 41 . At last Tiberius and Caius Gracchus, the grandsons of the great Scipio Africanus by his daughter Cornelia, bravely undertook to as- sert the liberties of the people, and to check the oppression of the nobility. But proceeding with too great ardour, and not being suffi- ciently supported by the multitude, they fell a sacrifice to the rage of their enemies. Tiberius, while tribune, was slain in the capitol, by the nobility, with his cousin Scipio Nasica, Pontifex Maximus, at their head; A. U. 620. Appian de Bell, Civ. i. 359. Cic. Cat. i. 1. and Caius, a few years after, perished by means of the consul Opi- mius, who slaughtered a great number of the plebeians, Sallust. Jug. 16. & 42. This was the first civil blood shed at Rome, which after- wards at different times deluged the state, Appianibid. i. 349. Veil. ii. 3. From this period, when arms and violence began to be used with impunity in the legislative assemblies, and aws 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 espousing the cause of the people. In consequence of which, the power of the nobles was increased, and the wretched plebeians were more op- pressed than ever, Sallust, Jug. 31. But in the Jugurthine war, when, by the infamous corruption of the nobility, the republic had been basely betrayed, the plebeians, animated by the bold eloquence of the tribune Memmius, regained the ascendency, Ibid. 40. 65. 73. #" 84. The contest betwixt the two orders was 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 power 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 allowed to assemble the people and make harangues to them, nor propose laws," Liv. Epit. 89. Appian* B. Civ. i. 413. but should only retain the right of intercession, Cces. de Bell. Civ. i. 6. {injuria faciendcc pote-tatem ademit, auxilii ferendi reliquit,) which Cicero greatly approves, Cic. de Legg. hi. 9. But after the death of Sylla, the power of the tribunes was re- stored, ki the consulship of Cotta, A. U. 679, they obtained 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. i. 15. de Legg. iii. 11. a thing, which Caesar strenuously promoted, Suet. Jul. 5. The tribes henceforth were employed by the leading men as the tools of their ambition. Backed by a hired mob, (a conducta plebe stipati,) they determined every thing by force. They made and ab- 126 ROMAN ANTIQUITIES. rogated laws at pleasure, Cic. in Pis. 4. pro Seoct. 25. They dis- posed of the public lands and taxes as they thought proper, and conferred provinces and commands on those who purchased them at the highest price, Cic, pro Sext. 6. 10. 24. 26. fyc. pro Dora. 8. & 20. The assemblies of the people were converted into scenes of violence and massacre \ and the most daring always prevailed, Cic, pro Srxt. 35. 36. 37. 38. cjrc. Dio. xxxix. 7. 8. <$rc. Julius Caesar, who had been the principal cause of these excesses, and had made the violation of the power of the tribunes, a pretext for making war on his country ; (see p. 122) having at last become master of the republic by force of arms, reduced that power, by which he had been raised, to a mere name ; and deprived the tribunes of their office (potestate privavit) at pleasure, Suet. Jul. 79. Dio. xliv» 10. Veil. ii. 68. Augustus got the tribunitian power to be conferred on himself for life, by a decree of the senate, Dio. Ii. 19. the exercise of it by pro- per magistrates, as formerly, being inconsistent with an absolute mo- narchy, which that artful usurper established, Suet. Aug. 27. Tacit. Ann. iii. 56. This power gave him the right of holding the senate, Dio. liv. 3. (see p. 28.) of assembling the people, and of being ap- pealed to in all cases, Dio. Ii. 19. It also rendered his person sacred and inviolable; so that it became a capital crime (crimen MAJES- TATIS) 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 proved one of the chief supports of tyranny, (ADJUMENTA REGN1,) Tacit. Annal. iii. 38. Suet. Tib. 58. & 61. Ner. 35. Hence this among other powers used to be conferred on the Emperors in the beginning of their reign, or upon other solemn occasions ; and then they were said to be Tribunitia potestate donati, Capitol, in M. Anton. — Vopisc. in Tacit, (see p, 33.) 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, (iv. 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, although they retained only the shadow of their former power, (inanem umbram et sine honore nomen.) Plin. Ep. i. 23. Paneg. 10. & 95. Tacit. 1. 77. xiii. 28. and seem to have remained to the time of Constantine, who abolished this with other ancient offices. V. ^DILES. The Mdiles were named from their care of the buildings, (a cura aedium.) The iEdiles were either plebeian or curule. Two iEDILES PLEBEII were first created, A. U. 260, in the Comitia Curiata, at the same time with the tribunes of the commons, iEDILES. 127 io be as it were their assistants, and to determine certain lesser causes, which the tribunes committed to them, Dionys. vi. 90* They were afterwards created, as the other inferior magistrates, at the Comitia Tributa. Two tEDILES CURULES were created from the patricians, A. U. 387, t<5 perform certain public games, Liv.. vi. 42. They were first chosen alternately from vhe patricians and plebeians, but afterwards, promiscuously from both, Liv. vii. 1. at the Comitia Tributa, Gell. vi. 9. The curule aediles wore the toga pr who used to receive and execute the commands of the magistrate. The office of the lictors was, 1. To remove the crowd (ut turbam summov event ,) Liv. iii. 11. 48. viii. 33. Hor. Od. ii. 16. 10. by saying, Cedite Consul ve- NIT ; DATE VIAM, Vel LOCUM CONSULI ; SI VOBIS VIDETUK, DISCEDITE, Quirites, Liv. ii. 56. or some such words, (solennis Me lictorum et prcenuncius clamor, Plin. Pan. 61.) whence the lictor is called sum- motor aditus, 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, (forem, uti mos est, virgd percussit,) Liv. vi. 34. which he also did, when the magistrate went to any other house, Plin. vii. 30. s. 31. 2. To see that proper respect was made to the magistrates, (ANI- MADVERTERE, ut debitus honos iis redderetur,) Suet. Jul. 80. What this respect was, Seneca informs us, Epist. 64. namely, dis- mounting from horseback, uncovering the head, going out of the way, and also riding 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 ma- nus ; I, Caput obnube hujus 5 Arbori infelici suspenjde ; Ver- berato vel intra pomjerium vel extra pom^rium, Liv. i. 26. I, Lictor, deliga ad palum, Id. viii. 7. Accede, Lictor, virgas et secures expedi,/J. viii. 32. In eum lege ace, i. e. securi per cute, vel/eW, xxvi. 16. The lictors were usuallv taken from the lowest of the common 156 ROMAN ANTIQUITIES. people, Liv. ii. 55. and often were the freedmen of him on whom they attended. They were different from the public slaves, who waited on the magistrates, Cic. in Verr. i. 26. IV. ACCENSI. These seem to have had their name from summoning (ab acciendo) the people to an assembly, and those who had lawsuits, to court, (in jus.) One of them attended on the con- sul who had not the fasces, Suet. Jul. 20. Liv. iii. 33. Before the invention of clocks, one of them called out to the praetor 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, Varro de Lett. ling. v. 9. Plin. 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 Supernumerarii, because not included in the legion, Veget. ii. 19. A scon in Cic. Verr. i. 28. Liv. viii. 8. & 10. V. V1ATORES. These were properly the officers who attend- ed on the tribunes, Liv. ii. 56. and aediles, xxx. 39. Anciently they used to summon the senators from the country, where they usually resided ; whence they had their name, (quod scepe in via essent,) Cic. de Sen, 16. Columell. Praef. 1. VI. 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, Tacit. Annal. iii. 50. The carnifex was of ser- vile condition, and held in such contempt, that he was not permitted to reside within the city, Cic. pro Rabir. 5. but lived without the Porta Metia, or Esquilina, Plaut. Pseud, i. 3. v. 98. near the place destined for the punishment of slaves, (juxta locum servilibus pcenis sepositum, Tac. Annal. xv. 60. ii. 32.) called Sestertium, Plu- tarch, in Galb. where were erected crosses and gibbets, (cruces et patibula, Tac. Annal. xiv. 33.) and where also the bodies of slaves were burnt, Plaut. Cas. ii. 6. v. 2. or thrown out unburied, Por. Epod. v. 99. Some think that the carnifex was anciently keeper of the prison under the Triumviri capitales, who had only the superintendence or care of it : hence tradere vel trahere ad carnificem, to imprison ; Plaut. Rud. iii. 6. v. 19. LAWS of the ROMANS. The laws of any country are rules established by public autho- rity, and enforced by sanctions, to direct the conduct, and secure the rights of its inhabitants. (LEX justi injustique regula, Senec. de benef. iv. 12. Leges quid aliud sunt, quam minis mixta pro?- ctpta? Id. Epist. 94.) The laws of Rome were ordained by the people, upon the ap- plication of a magistrate, (rogante magistratu.) See p. 82. 85. The gieat foundation of Roman law or jurisprudence, (Romani LAWS OF THE ROMANS. 1 57 jwi$i) was that collection of laws called the law, Liv. xxxiv. 6. or laws of the Twelve Tables, compiled by the decemviri, and ratifi- ed by the people, (see p. 138,) a work, in the opinion of Cicero, superior to all the libraries of philosophers, (omnibus omnium philo- sophorum bibliothecis anteponendum,) de Orat. i. 44. Nothing now remains of these laws but scattered fragments. The unsettled state of the Roman government, the extension 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, (corruptissimd republica plurimce leges, Tacit, Annal. iii. 27.) At first those ordinances only obtained the name of laws, which were made by the Comitia Centuriata, (POPULISCITA,) Tacit. Annal. iii. 58. but afterwards, those also, which were made by the Comitia Tributa, (PLEBISC1TA,) 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 after- wards more precisely by the Publilian and Hortensian laws, (utple- bescita OMNIS QUIRITES tenerent,) Liv. viii. 12. Epit. xi. Plin. xvi. 10. s. 15. Gell. xv. 27. The different laws are distinguished by the name, (nomen gentis) of the persons who proposed them, and by the subject to which they refer. Any order of the people was called LEX, whether it respected the public, (jus publicum vel sacrum,) the right of private persons, (jus privatum \ el civile,) or the particular interest of an individual. But this last was properly called PRIVILEGIUM, Gell. x. 20. As- con. in Cic. pro Mil. The laws proposed by a consul were called CONSULARES, Cic, Sext. 64. by a tribune, TRIBUNITIiE, Cic. in Rull. ii. 8. by the decemviri, DECEMVIRALES, Liv. iii, 55. 56. & 57. Different Significations of JUS and LEX, and the different SPE- CIES of the ROMAN LAW. The words, Jus 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 OJfic. iii. 21. Lex is a writ- ten statute or ordinance : (Lex, qucc scripto sancit, quod vult, aut jubendo, aut vetando, Cic. de legg. 1. 6. a legendo, quod legi so- let, ut innotescat, Varro de Lat. ling. v. 7. legere leges propositus jussere, Liv. iii. 34. vel a delectu, Cic. de Legg. i. 6. a justo etjure legendo, i. e. eligendo, from the choice of what is just and right, Id. ii. 5. Lex, justorum injustorumquce distinctio, ibid. Grceco no- mine appallata, N^oc, 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, or, That is binding, which the law ordains, Cic. de Legg. i. 15. ad Herenv. Ijii ROMAN ANTIQUITIES. ii. 13.) Or, according to the Twelve Tables, Quodcunque popu- lus jussit, id jus esto, Liv, vii. 17. ix. 33. quod major pars JUDICARIT, ID JUS RATUMQUE ESTO, ClC, But jus and lex have a different meaning, according to the words with which they are joined : thus, Jus nature vel naturale, is, what nature or right reason teach- es to be right; and jus gentium, what all nations esteemed to be right : both commonly reckoned the same, Cic, Sext, 42. Harusp. resp. 14. Jus civium vel civile, is, what the inhabitants of a particular country esteem to be right, either by nature, custom, or statute, Cic. Topic, 5. Off, iii. 16. 17. de Orat. i. 48. Hence, constituere jus, quo omncs utantur, pro Dom. cui subjecti sint, pro Caesin. So jus Romanum, Anglicum, &c. When no word is added to restrict it, jus civile is put for the civil law of the Romans. Cicero some- times opposes jus civile to jus naturale, Sext, 42. and sometimes to what we call Criminal law {jus publicum,) Verr. i. 42. Caecin. 2. in Caecil. 5. Jus commune, what is held to be right among men in general, or among the inhabitants of any country, Cic. Ccesin. 4. Digest, et In- stitut. Jus publicum et privatum, what is right with respect to the peo- ple (quasi jus populicum,) or the public at large, and with respect tfo individuals; political and civil law, Liv. iii. 34. Cic, Fam, iv. 14. Plin. Epist.i, 22. But jus publicum is also put for the right which the citizens in common enjoyed, (jus commune,) Terent. Phorm. ii. 2. 65. Jus Senatorium, (pars juris publici,) what related to the rights and customs of the senate ; what was the power of those, who might make a motion in the senate ; (quce potestas refcrentibus,) (see p. 22.) what the privilege of those, who delivered their opinion, (quid censentibus jus ;) what the power of the magistrates, and the rights of the rest of the members, fyc. Plin. Ep, viii. 14. Jus divinum et humanum, what is right with respect to things di- vine and human, Liv, i. 18. xxxix. 16. Tacit, Annal, iii. 26. 70. vi. 26. Hence fas et jura sinunt, laws divine and human, Virg, G. i. 269. Contra jus fasque, Sail. Cat. 15. Jus fasque exuere, Tacit. Hist. iii. 5. Omne jus et fas delere, Cic. Quo jure, quave injuria, right or wrong, Terent, And, i. 3. 9. Per fas et nefas, Liv. vi. 14. Jus et injuria, Sail. Jug. 16. Jure fieri, jure cozsus, Suet. Jul. 76. Jus Prjetorium, what the edicts of the praetor ordained to be right, Cic, de Offc, i. 10. Ver, i. 44. Jus HONORARIUM. Seep. 110. Jus Flavianum, jElianum, &c. the books of law composed by Flavius, Liv, ix. 46. ^lius, &c. Urbanum, i. e. civile privatum, ex quo jus dicit prcetor urbanus, Cic. Ver. Act. i. 1. Jus Prjediatorium. The law observed with respect to the goods (pradia vel prazdia bona, Ascon. in Cic.) of those who were sureties LAWS OF THE ROMAN.-. 1 59 (prcedes) for the farmers of the public revenues, or undertakers of the public works, (mancipes,) which were pledged to the public, {publico obligata vel pignori opposita,) and sold if the farmer or un- dertaker did not perform his bargain, Cic, pro Balb. 20. Verr. i. 54. Fam. v. 20. Suet. Claud. 9. Hence Pr^diator, a person who laid out his money in purchasing these goods, Cic. Att. xii. 14. 17. and who, of course, was well acquainted with what was right or wrong in such matters, (juris prcediatorii peritus,) Id. Balb. 20. Jus Feciale, the law of arms or heraldry, Cic. Offic. i. 11. or the form of proclaiming war, Liv. i. 32. Jus Legitimum, the common or ordinary law, the same with jus civile. Cic. pro Dom. 13. 14. but jus legitium exigere to demand one's legal right, or what is legally due, Fam. viii. 6. Jus Consuetudixis, what long use hath established, opposed to lege jus or jus scriptum, statute or written law, Cic. de Invent, ii. 22. 54. Jus civile constat aut ex scriptoaut sine scripto, 1. 6. D. de jussit. et jur. Jus Pontificum vel sacrum, what is right with regard to religion and sacred things, much the same with what was afterwards called Ecclesiastical Law , Cic. pro Dom. 12. 13. 14. de legibus, ii. 18. &c. Liv. i. 20. So Jus religionis, augurumc&remoniarum, auspiciorum,Sic. Jus Bellicum vel belli, what may be justly done to a state at war with us, and to the conquered : Cczs. de bell. G. i. 27. Cic. Off. i. 11. iii. 29. Liv. i. 1. v. 27. Hence Leges silent inter arma, Cic. in Mil. 4. Ferre jus in armis, Liv. v. 3. Facer e jus ense, Lucan. iii. 821. viii. 642. ix. 1073. Jusque datum sceleri, a successful usurpa- tion, by which impunity and a sanction were crimes, Id. i. 2. Juris disciplina, the knowledge of law, Cic. Legg. i. 5. intelli- gentia, Phil. ix. 5. interpretation Off. i. 11. Studiosi juris, i. e. ju- risprudential Suet. Ner. 32. Gell. xii. 13. Consulti periti, &c. Law- yers, Cic. Jure et legibus, by common and statute law, Cic. Verr. i. 42. 44. So Horace, Vir bonis est quis ? Qui consulta patrum, qui leges, jura- que servat, fyc. Epist. i. xvi. 40. Jura dabat legesque viris, Virg. J£n. i. 509. But Jura is often put for laws in general ; thus, Nova jura con- dere, Liv. iii. 33. Jure inventa metuinjusti fateare necesse est, Ho- rat. Sat. I. iii. 111. Arc. P. 122. 398. civica jura respondere, Ep. i. 3.23. Jus and ^Equitas are distinguished, Cic. Off. iii. 16. Virg. ii. 426. jus and justitia ; jus civile and leges, Phil. ix. 5. So JEquum et bonum, is opposed to callidum versutumque jus, an artful interpre- tation of a written law, Ccecin. 23. Summum jus, the rigour of the law, summa injuria. Off", i. 11. Summo jure agere, contendere, expe- riri, &c. to try the utmost stretch of law. Jus vel jura Quiritium, civium, Sic. See p. 46. &c. Jura sanguinis, cognationis, &c. necessitudo, v. jus necessititdini?, relationship, Suet. Calig. 26. l(>0 KOMAN ANTIQUITIES. Jus regni, a right to the crown, Liv. i 49. Honorum, to prefer- ments, Tacit, xiv. 5. Quibus per fraudem jus fuit, power or autho- rity, Sallust. Jug. 3. Jus luxuries publicce datum est, a license, Se- tiec. Epist. 18. Quibus fall ere ac furari jus erat, Suet. Ner. 16. In jus et ditionem vel potestatem alicujus venire, concedere, Liv. & Sail. Habere jus in aliquern ; sui juris esse acmancipii, i. e. sui ar- bitrii et nemini parere, to be one's own master, Cic. In controverso jure est, it is a point of law not fixed or determined, Liv. iii. 55. Jus dicere vel reddere, to administer justice. Dare jus gratia, to sacrifice justice to interest, Liv. Jus is also put for the place where justice is administered; thus, In jus eamus, i. e. ad prcetoris sellam, Donat. in Ter. Phorm. v. 7. 43. & 88. Injure, i. e. apud pratorem, Plaut. Rud. iii. 6. 28. Men. iv. 2. 19. De jure currere, from court, Cic. Quint. 25. LEX is often taken in the same general sense with Jus : thus, Lex est recta ratio imperandi atque prohibendi, a numine deorum tracta ; juslorum injustorumque distinctio ; aternum quiddam, quod universum mundum regit; — Cons ensio omnium gentium lex natune putanda est; non scripta, sed nata lex: — Salus populi suprema lex esto ; fundamentum libcrtatis, fons equitatis, &.C. Cic. de Legg. — pro Cluent. 53. Leges is put, not only for the ordinances of the Roman people, but for any established regulations ; thus, of the free towns, Leges municipales, Cic. Fam. vi. 18. of the allied towns, Verr. ii. 49. 50. of the provinces, ibid. 13. When Lex is put absolutely, the law of the Twelve Tables is meant; as, Lege hcereditas ad gentem Minuciam veniebat, Cic. Verr. i. 45. Ea ad nos redibat lege hareditas, Ter. Hecyr. i. 2. 97. Leges Censori^e, forms of leases or regulations made by the censors, Cic. Verr. i. 55. iii. 7. Prov. Cons. 5. Rabir. Perd. 3. ad Q. Fr. i. 12. Lex mancipii vel mancipium, the form and condition- of conveying property, de Orat. i. 39. Cic. Off. iii. 16. Leges venditionis, vel venalium vendendorum, agrum vel domum possidendi, &c. Rules or conditions, Cic. de Orat. i. 58. Horat. Epist. ii. 2. v. 18. Hence Emere, vendere hac vel ilia lege, i. e. sub hac conditione vel pacto, Suet. Aug. 21. Ea lege (i. e. ex pacto et conventu) exierat, Cic. Att. vi. 3. Hac lege atque omine, Ter. And. i. 2. 29. Heaut. v. 5. 10. Lex vita, qua nati sumus, Cic. Tusc. 16. 7nea lege utar, I will observe my rule, Ter. Phorm. iii. 2. ult. Leges historian, poematum, versuum, &c. Rules observed in writ- ing, Cic. de Legg. i. 1. de Orat. iii. 49. Thus we say, the lazvs of history, of poetry, versifying, &c. and in a similar sense, the laws of motion, magnetism, mechanics, &c. In the Corpis Juris, Lex is put for the Christian religion ; thus, Lex Christiana, Catholica, venerabilis, sanctissima, &c. But we in a similar sense use the word law for the Jewish religion ; as the Law and the Gospel ; or for the Books of Moses ; as. the Lav? and the Prophets. LAWS OF THE ROMANS. 1(51 Jus Romanum, or Roman law, was either written or unwritten law, (Jus scriptum autNON scriptum.) The several species which constituted the jus scriptum, were, laws, properly so called, the de- crees of the senate, the edicts or decisions of magistrates, and the, opinions or writings of lawyers. Unwritten taw, (jus non scriptum,) comprehended natural equity and custom. Anciently jus scriptum only comprehended laws properly so called, Digest, de orig, jur. All these are frequently enumerated, or alluded to by Cicero, who calls themFoNTES jequitatis, Topic. 5. <£/-c. ad Herenn. ii. 13. .LAWS of the DECEMVIRI, or, The XII TABLES. Various authors have endeavoured to collect and arrange the fragments of the Twelve Tables. Of these, the most eminent is Godfrey, (Jacobus Gothofredus.) According to his account, The I. table is supposed to have treated of lawsuits; the II. of thefts and robberies ; III. of loans, and the right of creditors over their debtors ; IV. of the right of fathers of families ; V. of inherit- ance and guardianship ; VI. of property and possession ; VII. of trespasses and damages , VIII. of estates in the country ; IX. of the common rights of the people ; X. of funerals, and all ceremonies relating to the dead ; XI. of the worship of the gods, and of reli- gion ; XII. of marriages, and the right of husbands. Several ancient lawyers are said to have commented on these laws, Cic, de legg. ii. 23. Plin, xiv. 13. but their works are lost. The fragments of the Twelve Tables have been collected from various authors, many of them from Cicero. The laws are in gene- ral very briefly expressed : thus, Si in jus vocet, atque (i. e. statim) eat. Si membrum rupsit (ruperit), ni cum eo pacit (paciscatur,) TALIO ESTO. Si falsum testimonium dicassit (dixerit) SAXO DEJICITOR. Privilegia ne irroganto ; sc. magistratus. De capite (de vita, libertate, et jure) civis Romani, nisi per maximum centuriatum (per comitia centuriata) ne ferunto. Quod postremum populus jussit, id jus ratum esto. hominem mortuum in urbe ne sepelito, neve urito. Ad Divos adeunto caste: pietatem adhibento, opes amo- vento. Qui secus faxit, Deus ipse vindex erit. FERIIS JURGIA AxMOVENTO. Ex patriis ritibus optima colunto. Perjurii poena divina, exitium ; HUMANA, dedecus. Imtius ne audeto placare donis iram Deorum. Nequis agrum consecrato, auri, argenti, eboris sacrandi modus esto. The most important particulars, in the fragments of the Twelve Tables, come naturally to be mentioned, and explained elsewhere in various places. After the publication of the Twelve Tables, every one understood 21 162 ROMAN AiYflUllTIJ what was his right, but did not know the way to obtain it. For this they depended on the assistance of their patrons. From the Twelve Tables were composed certain rites and forms, which were necessary to be observed in prosecuting lawsuits, (qui- bus inter se homines disceptarent,) called ACTIONES LEGIS. The forms used in making bargains, in transferring property, &c. were called ACTUS LEGITIMI. There were also certain days on which a lawsuit could be instituted, {quando lege agi posset,) or justice could be lawfully administered, (dies FASTI,) and others on which that could not be done, (NEFASTI ;) and some on which it could be done for one part of the day, and not for another, (INTER- CIS1.) The knowledge of all these things was confined to the pa- tricians, and chieily to the Pontifces, for many years; till one Cn. Flavius, the son of a freedman, the scribe or clerk of Appius Clau- dius Caecus, a lawyer, who had arranged in writing these actiones and days, stole or copied the book which Appius had composed, and published it, A. U. 440, (fastos publicavit, et actiones primum edidit.) In return for which favour, he was made curule aedile by the people, and afterwards praetor. From him the book was called JUS CIVI- LE FLAVIANUM, Liv. ix. 46. Cic. de Orat. i. 41. Muram. 11. Jltt. vi. 1. 1. 2. § 7. D. de orig. juris, Gell. vi. 9. Valer. Max. ii. 5. 2. Plin, xxxiii. 1. s. 6. The patricians, vexed at this, contrived new forms of process ; and to prevent their being made public, expressed them in writing by certain secret marks, (NOTIS, Cic. pro Mur. 11. somewhat like what are now used in writing short-hand,) or, as others think, by putting one letter for another, (as Augustus did, Suet. Aug. 88.) or one letter for a whole word, (per SIGLAS, as it is called by later writers.) However, these forms also were published by Sextus JElius Catus, (who for his knowledge in the civil law, is called by Ennius egregii cordatus homo, a remarkably wise man, Cic. de Orat. i. 45.) His book was named JUS iELIANUM. The only thing now left to the patricians was the interpretation of the law ; which was long peculiar to that order, and the means of raising several of them to the highest honours of the state. The origin of lawyers at Rome was derived from the institution of patronage. (See p. 36.) It was one of the offices of a patron. to explain the law to his clients, and manage their lawsuits. TITUS CORUNCANIUS, who was the first plebeian Pontifex Maximus, A. U. 500, Liv. epit. 18. is said to have been the first who gave his advice freely to all the citizens without distinction, /. 2. § 35. & 38. D. de orig.jur. whom many afterwards imitated ; as, Manilius, Crassus, Mucius Scaevola, C. Aquilius, Gallus, Trcbatius. Sulpicius, &c. Those who professed to give advice to all promiscuously, used to walk across the forum, (transversoforo,) and were applied to (ad cos adibatur) there or at their own houses. Cic. Orat. iii. 33. Such as were celebrated for their knowledge in law, often had their doors LAWS OF THE ROMANS. IG.j beset with clients before day-break, Hor. Sat. i. 1. v. 9. Epist'. ii. 1. 103, for their gate was open to all, (cunciis janua patebat, Tibull. i, 4. 78.) and the house of an eminen^ lawyer was as it wjere the ora- cle of the whole city, Cic. de Orat. i. 45. Hence Cicero calls their power Regnum judiciale, Att. i. 1. The lawyer gave his answers from an elevated seat, (ex solio, tan- quam ex tripode,) Cic. de Legg. 1.3. Orat. ii. 33. iii. 33. The client coming up to him said, Licit cgtnsulere ? Cic. pro Mur. 13, The lawyer answered, Consule. Then the matter was proposed, and an answer was returned very shortly ; thus, Qu^ro an: existi- mes ? vel, Id jus est necne ? — Secundum ea, q.tjm proponuntur, existimo, placet, puto, Horat. Sat. ii. 3. 192. Lawyers gave their opinions either viva voce, or in writing : commonly without any reason annexed, Scnec. 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 after deliberat- ing together, (which was called DISPUTATIO FORI,) they pro- nounced a joint opinion. Hence what was determined by the law= vers, and adopted by cnstom, was called Recepta sententia, Re- ceptum: jus, Receptus mos, post multas variationes receptum ; and the rules observed in legal transactions by their consent, were called ReguljE juris. When the laws or edicts of the praetor seemed defective, the law- yers 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 interpretes, but also CONDI- TORES et AUCTORES JURIS, Digest, and their opinions, JUS CIVILE, Cic. pro Ccecin. 24. de offic. iii. 16. opposed to leges Ca> cin. 26. Cicero complains that many excellent institutions had been per- verted by the refinements of lawyers, pro Mur. 12. Under the republic, any one that pleased might profess to give advice about matters of law ; but at first this was only done by per- sons of the highest rank, and such as were distinguished by their su- perior knowledge and wisdom. By the Cincian law, lawyers were prohibited from taking fees or presents from those who consulted them ; hence, turpe reos empta miseros defenders lingua, Ovid. Amor. i. 10. 39. which rendered the profession of jurisprudence highly 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, that those who transgress- ed it, should restore fourfold, Dio. liv. 18. Under the emperors lawyers were permitted to take fees, (HO- NORARIUM certain justamque mercedem, Suet, Ner. 17.) from their clients ; but not^above a certain sum, (capiendis pccimiis posuet mo- dum (sc. Claudius) usque ad dena sestertia, Tac. Annal. xi. 7.) and after the business was done, (Peratis negotis permittcbat pecunias 10 1 ROMAN ANTIQUITIES. duntaxat decern millium dare, Plin. Epist. v. 21.) Thus the ancient connexion between patrons and clients fell into disuse, and every thing was done for hire. Persons of the lowest rank sometimes as- sumed the profession of lawyers, Juvenal, viii. 47. pleadings became venal, (venire advocationes,) advocates made a shameful trade of their function by fomenting lawsuits, (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, Plin. Ep. v. 14. Various edicts (edicta, 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 consilium adhibebantur, vel assumebantur) by magistrates and judges; Cic. Top. 17. Murom, 13. Ccecin, 24. Gell. xiii. 13. Plin, Ep. iv. 22. vi. 1 1. and a certain number of them attended every pro- consul and propraetor to his province. Augustus granted the liberty of answering questions of law, only to particular persons, and restricted the judges not to deviate from their opinion, /. 2. § ult. D. de orig.jur. that thus he might bend the laws, and make them subservient to despotism. His successors, (except Caligula, Suet. 34.) imitated this example; till Adrian re- stored to lawyers their former liberty, Dig. ibid, which they are sup- posed to have retained to the time of Severus. What alterations after that took place, is not sufficiently ascertained. Of the lawyers who flourished under the emperors, the most re- markable were M. ANT1STIUS LABEO, (incorruptce libertatis vir, Tacit, Annal. iii. 75. Gell. xiii. 12.) and C. ATEIUS CAPiTO (cujus obsequium dominantibus magis probabatur, Tacit, ibid.) under Augustus ; and these two, from their different characters and opi- nions, gave rise to various sects of lawyers after them : CASSIUS, under Claudius, (CassiancB scholceprinccps,) Plin. Ep. vii 24. SAL- V1US JUL1ANUS, under Hadrian ; POMPONIUS, under Julian; CA1US, under the Antonines ; PAPINIANUS, under Severus; ULP1ANUS and PAULUS, under Alexander Severus; HERMO- GENES, under Constantine, &c. Under the republic, young men who intended to devote them- selves to the study of jurisprudence, after finishing the usual studies of grammar, Grecian literature, and philosophy, (Cic. in Brut, 80. Off. i. 1. Suet, de clar. Rhet, 1. #• 2. studia lieeralia v. humani- tatis, Plutarch, in Lucull. princ.) usually attached themselves to some eminent lawyer, as Cicero did to Q. Mucius Scaevola, Cic. dt Amic, 1. whom they always attended, that they might derive know- ledge from his experience and conversation. For these illustrious 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 re- spected in courts of justice (usu /on), as the laws themselves, /. 2.. LAWS OF THE ROMANS 165 § 38. D. de orig. 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 the chief. LAWS of the ROMANS made at different times. LEX ACILIA, 1. About transporting colonies, (de coloniis dedu- cendis,) by the tribune C. Acilius, A. U. 556, Liv. xxxiii. 29. 2. About extortion, (de repetundis,) by Manius Acilius Glabrio, a tribune, (some say consul,) A. U. 683, That, in trials for this crime, sentence should be passed, after the cause was once pleaded, (semel dicta causa) and that there should not be a second hearing, (ne reus comperendinaretur,) Cic. prooem. in Verr. 17. i. 9. Ascon. in Cic. Lex iEBUTIA, by the tribune iEbutius, prohibiting the proposer of a law concerning any charge or power, from conferring that charge or power on himself, his colleagues, or relations, Cic. in Ridl. ii. 8. Another concerning the Judices, called Centumviri, which is said to have diminished the obligation of the Twelve Tables, and to have abolished various customs, which they ordained, Gell. xvi. 10. ix. 18. especially that curious custom borrowed from the Athenians, (Aristoph. in nub. v. 498. Plato, de legg. xii.) of searching for sto- len goods without any clothes on but a girdle round the waist, and a mask on the face, (FURTORUM QU^STIO CUM LANCE ET LICIO,) Gelt. ibid. Festus in Lance. When the goods were found, it was called FURTUM CONCEPTUM, Inst. ii. 10. 3. Lex MUk et FUSIA de comitiis, — two separate laws, although sometimes joined by Cicero. The first by Q. JElius Paetus, con- sul, A. U. 586. ordained, that, when the comitia were held for pass- ing laws, the magistrates, or the augurs by their authority, might take observations from the heavens, (de cozlo servarent ;) and, if the omens were unfavourable, the magistrate might prevent or dissolve the assembly, (comitiis obnunciaret,) and that magistrates of equal authority with the person who held the assembly, or a tribune, might give their negative to any law, (legi inter cederent,) Cic. pro Sext. 15. 53. post. red. in Sen. 5. de prov. Cons. 19. in Vatin. 9. Pis. 4. Att. ii. 9. The second, Lex FUSIA, or Fufia, by P. Furius, consul, A. U. 617, or by one Fusius or Fufius, a tribune, That it should not be lawful to enact laws on all the dies fasti, Cic. ibid. See p. 84. Lex iELIA SENTIA, by the consuls iEIius and Sentius, A. U. 756, about the manumission of slaves, and the condition of those who were made free, Suet. Aug. 46. See p. 45. Lex JEMILIA, about the censors. See p. 114. Lex JEMILIA Sumptuaria vel Cibaria, by M. iEmilius Lepidus, consul, A. U. 675, limiting the kind and quantity of meats to be used at an entertainment, Macrob. Sat. ii. 13. Gell. ii. 24. Pliny ascribes this law to Marcus Scaurus, viii. 57. So Aurd. Vict, dt vir. ilhtstr* 7?. Ifcti ROMAN ANTIQUITIES. Leges AGRARIiE ; Cassia, Licinia, Flaminia, Sempronia, Tho* ria, Cornelia, Servilia, Flavia, Julia, Mamilia. Leges de AMBITU ; Fabia, Calpurnia, Tullia, Aufidia, Lucinia, Fompeia. Leges ANNALES vel Armaria:. See p. 97. Lex ANTIA Sumptuaria, by Antius Restio, the year uncertain ; limiting the expense of entertainments, and ordering 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 Caesar, about abolishing the office of dictator, confirming the acts of Caesar, (Acta Cjesaris,) planting colonies, giving away kingdoms and pro- vinces, granting leagues and immunities, admitting officers in the army among jurymen; allowing those condemned for violence and crimes against the state to appeal to the people, which Cicero calls the destruction of all laws, &c. Cic. Phil. i. 1. 9. ii. 3. 36. 37. 38. v. 34. xiii. 3. 5. Alt. xiv. 12. Dio. Cass. xlv. 28. Appian de bell. civ. iii. transferring the right of choosing priests from the people to the different colleges, Dio. xliv. fin. &c. Leges APPULEIiE, proposed by L. Appuleius Saturninus. A. U. C53, tribune of the commons ; about dividing the public lands among the veteran soldiers, Aurel. Vict, de vir. illustr. 73. settling colonies, Cic. pro Balb. 21. punishing crimes against the state (de maj estate,) Cic. de orat. ii. 25. 49. furnishing corn to the poor, at jf of an ass, a bushel, (semisse et triente i. e. dextante vel deunce : See Leges Sem- pronia.) Cic. ad Herenn. i. 12. de Legg. ii. 6. Saturninus also got a 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 Metel- lus Numidicus was banished, because he alone would >not comply, (quod in legem vi latam jurare nollett,) 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 Marius, 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 Metellus, Plutarch, in Mar. Appian. de Bell. Civ. i. 367. Lex AQU1LL1A, A. U. 672. about hurt wrongfully done, (dc damno injuria dato) Cic. in Bruto, 34. Another, A. U. 687, (de dolo malo,) Cic. de Nat. Deor. iii. 30. Off. iii. 14. Lex ATERIA TARPEIA, A. U. 300, that all magistrates might fine those who violated their authority, but not above two oxen and thirty sheep, Dionys. x. 50. After the Romans began to use coin- ed money, an ox was estimated at 100 asses, and a sheep at ten, Festus in peculatus. Lex ATIA, by a tribune, A. IL 690. repealing the Cornelian law, and restoring the Domitian, in the election of priests, Dio t xxxvii. 37. LAWS OF THE ROMANS. 16? Lex ATILIA, de dedilitiis, A. U. 543, Liv. xxvi. 33. Another, de tutoribus, A. U. 443, That guardians should be appointed for or- phans, and women, by the praetor and a majority of the tribunes, Ulpian in Fragm. Liv. xxxix. 9. See p. 62. 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 tribunes, six in each : of whom by this law four were appointed by the people, and two by the con- suls. Those chosen by the people were called COMITIATI ; by the consuls, RUTILI or RUFULI. At first they seem to have been all nominated the kings, consuls, or dictators, till the year 393, when the people assumed the right of annually appointing six, Liv. vii. 5. ix. 30. Ascon.in Cic. Afterwards the manner of choos- ing them varied. Sometimes the people created the whole, some- times only a part. But as they, through interest, often appointed improper persons, the choice was sometimes left, especially in dan- gerous junctures, entirely to the consuls, Liv, xlii. 31. xliii. 12. xliv. 21. Lex ATINIA, A. U. 623, about making the tribunes of the com- mons senators, GelL xiv. 8. Another, That the property of things stolen could not be acquired by possession, (unsucapione ;) The words of the law were, Quod surreptum erit, ejus sterna, Auctoritas esto. (See p. 56.) GelL xvii. 7. Cic. in Verr. i. 42. Lex AUFIDIA de Ambitu, 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 every tribe a yearly fine of 3000 sestertii as long as he lived. Cic. Att.'i. 16. Lex AURELI A judiciaria, by L. Aurelius Cotta, praetor, A. U. 683, That jadices or jurymen should be chosen from the senators, Equites and Tribunii JErarii, Cic. Verr. ii. 72. Phil. i. 8. Rull. i.2.~ The last were officers chosen from the plebeians, who kept and gave out the money for defraying the expenses of the army, Ascon* in Cic. — Cic. pro Plane. 8. Verr. 69. Att. i. 16. Festus. Another, by C. Aurelius Cotta, consul, A. U. 678, That those who had been tribunes might enjoy other offices, which had been prohi- bited by Sulla, Ascon. in Cic. * Lex &&BIA, A. U. 574, about the number of praetors. (See p. 1 13.) Another against bribery, A. U. 571. Liv. xl. 19. Lex CiECILlA DIDIA, or et Didia, or Didia et Ccecilia, A. U. 655, That laws should be promulgated for three market-days, and that several distinct things should not be included in the same law, which was called f err e 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. 108 ROMAN ANT1QIHTIL Lex CALPURNIA, A. U. 604, against extortion, by which law. the first qucestio perpetua was established, Cic. Verr. iv. 25. Off. ii. 21. Another, called also Acilia, concerning bribery, A. U. 686. Cic. pro Mur. 23. Brut. 27. Sail. Cat. 18. JLex CANULEIA, by a tribune, A. U. 309, about the intermar- riage of the patricians with the plebeians, Liv. iv. 6. Lex CASSIA, That those, whom the people condemned, should be excluded from the senate, Ascon. in Cic. pro Corn. Another about supplying the senate, Tacit, xi. 35. Another, That the peo- ple should vote by ballot, &c. See p. 86. Lex CASSIA TERENTIA Frumentaria, by the Consuls C. Cas- sius and M. Terentius, A. U. 680, ordaining, as it is thought, that five bushels of corn should be given monthly to each of the poorer citizens, which was no more than the allowance of slaves, Sallust. hist, fragm. (p. 974. ed Cortii,) and that money should be annually advanced from the treasury for purchasing 800,000 bushels of wheat, (Tritici imperati,) at four sestertii a bushel ; and a second tenth part (hlteras decumas), (see p. 70.) at three sestertii a bushel (pro decumano), Cic. Verr. iii. 76. v. 21. This corn was given to the poor, by the Sempronian law, at a se- mis and triens a bushel ; and by the Clodian law, gratis. In the time of Augustus, we read that 200,000 received corn from the pub- lic, Dio. Iv. 10. Suet. Aug. 40. 42. Julius Caesar reduced them from 320,000, to 150,000, Suet. Jul. 41. Lex CENTURIATA, the name of every ordinance made by the Comitia Centuriata, Cic. in Rull. ii. 11. Lex CI NCI A de donis et mwieribus, hence called MUNERALIS, Plaut. apud Festum, by Cincius a tribune, A. U. 549, That no one should take money or a present for pleading a cause, Cic. de Senect. 4. de Orat. ii. 7. Att. i. 20. Tacit. Ann. xi. 5. Liv. xxxiv. 4. Lex CLAUDIA de navibus, A. U. 535, That a senator should not have a vessel above a certain burden. (See p. 16.) A clause is supposed to have been added to this law, prohibiting the quaestors clerks from trading, Suet. Dom. 9. Another by Claudius the consul, at the request of the allies, A. U. 573, That the allies, and those of the Latin name, should leave Rome and return to their own cities. According to this law the consul made an edict ; and a decree of the senate was added, That for the future no person should be manumitted, unless both master and slave swore, that he was not manumitted for the sake of chang- ing his city. For the allies used to give their children as slaves to any Roman citizen on condition of their being manumitted, (ut li- bertini cives essent) Liv. xli. 8. #■ 9. Cic. pro Balb. 23. by the Emperor Claudius, That usurers should not lend mo- ney to minors, to be paid after the death of their parents, Tacit. Ami. xi. 13. supposed to be the same with what was called Sen at i roNsuLTUM Macedonianum, Ulpian. enforced by Vespasian, 5 i.l. To this crime Horace alludes, Sat. i. 2. v. 14. LAWS OF THE ROMANS. 169 L* — by the consul Marcellus, 703, That no one should be allowed to stand candidate for an office while absent ; thus taking from Cae- sar the privilege granted him by the Pompeian law; (C&sari privi- legium eripiens, vel beneficium populi adimens ;) also, That the free- dom of the city should be taken from the colony of the Novumcomum, which Caesar had planted, Suet. Jul. 28. Cic. Fam. xiii. 35. Leges CLODI^E, by the tribune P. Clodius, A. U. 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. 168. 2. That the censors should not expel from the senate, or in- flict 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 business : and, in short, that the iElian and Fusian laws should be abrogated. (See p. 84.) Cic. Vat. 6. 7. 9. Sext. 15. 26. Prov. Cons. 19. Ascon. in Pis. 4. 4. That the old companies or fraternities (collegia) of arti- ficers 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 way for the following : 5. That whoever had taken the life of a citizen uncondemned and without a trial, should be prohibited from fire and water; by which law Cicero, although not named, was plainly pointed at; Veil. ii. 45. and soon after, by means of a hired mob, his banishment was expressly decreed by a second law, Cic. pro Dom. 18. 19. 20. post red. in Sen. 2. 5. &c. Cicero had engaged Ninius, a tribune, to oppose these laws, but was prevented from using his assistance, by the artful conduct of Clo- dius, Dio. xxxviii. 15. and Pompey, on whose protection he had rea- son to rely, betrayed him, ibid. 17. Plutarch, — Cic. Att. x. 4. Cae- sar, who was then without the walls with his army, ready to set out for his province of Gaul, offered to make him one of his lieutenants ; but this, by the advice of Pompey, he declined, Dio. xxxviii. 15. Crassus, although secretly inimical to Cicero, ibid, jet at the per- suasion of his son, who was a great admirer of Cicero, Cic. Q.fr. ii. 9. did not openly oppose him, Cic. Sext. 17. 18. But Clodius de- clared that what he did was by the authority of the Triumviri, Cic. Sext. 16. 18. and the interposition 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 con- suls Piso, the father-in-law of Caesar, and Gabinius, the creature of Pompey, Cic. Sext. 11. 12. 13. &c. Cicero, therefore, after seve- ral mean compliances, putting on the habit of a criminal, Dio, xxxviii. 14. and even throwing himself at the feet of Pompey, Cic, Att. x. 4. was at last obliged to leave the city, about the end of oo 170 ROMAN ANTIQUITIES March, A. U. 695. He was prohibited from coming within 4ti8 miles of Rome, under pain of death to himself, and to any person who entertained him, Cic. Att. iii. 4. Dio. xxxviii. 17, He there- fore retired to Thessalonica in Macedonia, Cic. Plane. 41. Red. in Senat. 14. His houses at Rome and in the country were burnt, and his furniture plundered, ibid, 7. pro Dom, 24. Cicero did not support his exile with fortitude ; but showed marks of dejection, and uttered expressions of grief, unworthy of his former character, Dio, 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 unanimous decree of the senate, and by a law passed at the Co- mitia Centuriata, 4th August, the next year, Cic, Att, iv. 1 . post red. ad Quir. 7. in Senat. 11. Mil. 20. Pis. 15. Dio. xxxix. 8. Had Cicero acted with as much dignity and independence, after he reached the summit of his ambition, as he did with industry and integrity in as- piring to it, he needed not to have owed his safety to any one. — 6. That the kingdom of Cyprus should be taken from Ptole- my, and reduced into the form of a province, Cic. pro Dom. 8. Veil. ii. 45. the reason of which law was to punish that king for having re- fused Clodius money to pay his ransom, when taken by the pirates, and to remove Cato out of the way, by appointing him to execute this order of the people, that he might not thwart the unjust pro- ceedings of the tribune, nor the views of the triumviri, by whom Clo- dius was supported, Cic. pro Sext, 18. 28. Dom. 25. Dio. xxxviii. 30. xxxix. 22. 7* To reward the consuls Piso and Gabinius, who had fa- voured Clodiu3 in his measures, the province of Macedonia and Greece was by the people given to the former, and Syria to the lat- ter, Cic. ibid. 10. 24. in Pis. 16. — — 8. Another law was made by Clodius, to give relief to the private members of corporate towns (municipiorum), against the public injuries of their communities, Cic. pro Dom. 30. 9. Another, to deprive the priest of Cybele, at Peslnus in Phrygia, of his office, Cic. Sext. 26. de resp. Hafusp. 13. Lex COELIA tabellaria perduellionis, by Coelius, a tribune. See p. 86. Leges CORNELIA, enacted by L. Cornelius Sylla, the dictator, A. U. 672. 1 . De proscriptione et proscriptis, against his enemies, and in favour of his friends. Sylla first introduced the method of pro- scription. Upon his return into the city, after having conquered the party of Marius, he wrote down the names of those whom he doomed to die, and ordered them to be fixed up on tables in tha public places of the city, with the promise of a certain reward (duo talenta) for the head of each person so proscribed. New lists (tabu- la proscriptionis) were repeatedly exposed, as new victims occurred to his memory, or were suggested to him. The first list contained the names of 40 senators, and 1600 equites, Appian B. Civ. i. 409. LAWS OF THE ROMANS. 171 Incredible numbers were massacred, not only at Rome, but through all Italy, Dio, Fragm, 137. Whoever harboured or assisted a pro- scribed person was put to death, Cic. in Verr; i. 47. The goods of the proscribed person were confiscated, Cic. pro Rose, Amer, 43. 44. in Rull.in. 3. and their children declared incapable of honours, Veil, 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 sided with Marius should be deprived of their lands, and the right of citizens ; the last of which Cicero says could not be done, (Quia jure Romano civitas nemini invito ddimi poterat,) 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 cen- turies, Appian B. civ, i. 411. and having there got ratified whatever he had done, or should do, by a special law, (sive Valeria, sive Cornelia, Cic, pro Rose, Am, 43.) Cic, in Rull, iii. 2. next pro- ceeded to regulate the state, and for that purpose made many good laws. 2. Concerning the republic, the magistrates, (see p. 98.) the provinces, (see p. 42.) the power of the tribunes, (see p. 125,) That the judices should be chosen only from the senators : That the priests should be elected by their respective colleges, Ascon. ad Cic. Divin, in Verr, 3. 3. Concerning various crimes ; — de Magestate, Cic, in Pis, 21. pro Cluent, 35. ad Fam, iii. 11. (see p. 143.) — de Repetundis, Cic, pro Rabir, 3. (see p. 113.) — de Sicariis et Veneficis, those who killed a person with weapons, or poison ; also, who took away the life of another by false accusation, &c. — One, accused by this law, was asked whether he chose sentence to be passed on him by voice or by ballot; (palam an clam,) Cic. pro Cluent. 20. — de Incendi- ariis, who fired houses ; — de Parricidis, who killed a parent or relation; de Falso, against those who forged testaments or any other deed ; who debased or counterfeited the public coin, (qui in aurum vitii quid addiderint vel adulterinos nummos fecerint,) &c. Hence this law is called by Cicero, Cornelia Testamentaria, numma- ria, in Verr, i. 42. The punishment annexed to these laws was generally, equai et ignis interdictic, implying banishment. Sylla also made a sumptuary law, limiting the expense of enter- tainments, Gell, ii. 24. Macrob, Sat, ii. 13. There were other leges CORNELLS, proposed by Cornelius, the tribune, A. U. 686 : That the praetors in judging should not va- ry from their edicts. (See p. 110.) That the senate should not de- cree about absolving any one from the obligation of the laws, with- out a quorum of at least two hundred, Ascon. in Cic, pro Cornel. Lex CURIA, by Curius Dentatus, when tribune, A. U. 454, That the senate should authorize the comitia for electing plebeian magistrates, Aur, Vict. 37, Cic, de Clar. Orat, 14. 172 ROMAN ANTIQUITIES. Leges CURIAT^, made by the people assembled by curia. See p. 74. Lex DECIA, A. U. 443, That Duumviri navales should be cre- ated for equipping and refitting a fleet, Liv, ix. 30. Lex D1D1A, sumptuaria, A. U. 610, limiting the expense of en- tertainments, and the number of guests: That the sumptuary laws shoutd be extended to all the Italians; and not only the master of the feast, but also the guests, should incur a penalty for their of- fence, Macrob. Sat. ii. 13. Lex DOMITIA de sacerdotiis, the author, Cn. Domitius Aheno- barbus, a tribune, A. U. 650, That priests, (i. e. the pontifices y augures, and decemviri sacris faciendis,) should not be chosen by the colleges, as formerly, but by the people, (see p. 91.) Suet. Ner. 2. Cic. Rull. ii. 7. The Pontifex Maximus and Curio Max- imus were, in the first ages of the republic, aiways chosen by the people, Liv. xxv. 5. xxvii. 8. Lex DUILIA, by Duilius, a tribune, A. U. 304, That whoever 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 MjENIA de unciario fanore, A, U. 396, fixing the interest of money at one per cent, Liv. vii. 16. Another, mak- ing it capital for one to call assemblies of the people at a distance from the city, ibid. Lex FABIA de plagiovel plagiariis, against kidnapping, or steal- ing away and retaining freedmen or slaves, Cic. pro Rabir. pcrd. 3 ad Quinct. Fr. i. 2. The punishment at first was a fine ; but after- wards to be sent to the mines ; and for buying 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 of Spectatores that attended candidates, when canvassing for any office. It was proposed, but did not pass, Cic. pro Muram. 34. The Spectatores, who always attended candidates, were dis- tinguished from the Salutatores, who only waited on them at their house in the morning, and then went away ; and from the De- ductores, who also went down with them to the Forum and Cam- pus Martius ; hence called by Martial, Antambulonis, ii. 18. Cic. de pet. cons. See p. 81. Lex FALCIDIA testamentaria, A. U. 713, That the testator should leave at least the fourth part of his fortune to the person whom he named his heir, Paul, ad leg. Falced. — Dio. xlviii. 33. Lex FANNIA, A. U. 588, limiting the expenses of one day at festivals to 100 asses, whence the law is called by Lucilius Cen- tussis ; 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 quid valucrium vel volucre ponerctur,) except one hen, and that not fattened for the purpose, (qu til. iv. % vii. 4. Suet. Domit. 8. but it was afterwards made capital 24 186 ROMAN ANTIQUITIES. Lex SCRIBONIA, by a tribune, A. U. 601. about restoring the. Lusitani to freedom, Liv. Epit, 49. Cic. in Brut. 23. -Another, de servitutum itsucapionibus, by a consul under Au- gustus, A. U. 719. That the right of servitudes should not be ac- quired by prescription, /. 4. D. de Usucap. which seems to have been the case in the time of Cicero, pro Ccecin. 26. Leges SEMPRONLE, laws proposed by the Gracchi, Cic. Phil. i. 7. 1. TIB. GRACCHI Agraria, by Tib. Gracchus, A. U. 620. That no one should possess more than 500 acres of land ; and that three commissioners should be appointed t« divide among the poor- er people what any one had above that extent, Liv. Epit. 58. Plut. in Gracch. p. 837. Appian de Bell. Civ. i. 355. de Civitate Italis danda, That the freedom of the state should be given to all the Italians, Patcrc. ii. 2. 3. de FLsereditate Attali, That the money which Attalus had left to the Roman people, should be divided among those citi- zens, who got lands, to purchase the instruments of husbandry, Liv. Epit. 58. Plut. in Gracch. These laws excited great commotions, and brought destruction on the author of them. Of course they were not put in execu- tion, ibid. 2. C. GRACCHI Frumentaria,A. U. 628. That corn should be given to the poor at a triens and a semis, or at jf of an as, a mo- dius, or peck ; and that money should be advanced from the public treasury to purchase corn for that purpose. The granaries in which this corn was kept, were called Horrea Sempronia, Cic. pro, Sext. 48. Tuscul. Qucest. iii. 20. Brut. 62. Off. ii. 21. Liv. Epit. 58. 60. Note. A triens and semis are put for a dextans, because the Ro- mans had not a coin of the value of a dextans. de Provinciis, That the provinces should be appointed for the consuls every year before their election, Cic. de Prov. Cons, 2. pro Balb. 27. Dom. 9. Fam. i. 7. de Capite civium, That sentence should not be passed on the life of a Roman citizen, without the order of the people, Cic. pro Ra- bir. 4. Verr. v. 63. in Cat. iv. 5. de Magistratibus, That whoever was deprived of his office by the people, should ever after be incapable of enjoying any other, Plutarch, in Gracch. Judiciaria, That the judices should be chosen from the equites, and not from the senators as formerly, Appian. de Bell. Civ. i. 363. Bio. xxxvi. 88. Cic. Verr. i. 13. Against corruption in the judices, (Nequis judicio circum- veniretur,) Cic. pro Cluent. 55. Sylla afterwards included this in his law defalso. de Centuriis evocandis, That it should be determined by lot, in what order the centuries should vote, Sallust. ad Cas. deR Ord. See p. 85, LAWS OF THE ROMANS. 187 — de Militibus, That clothes should be afforded to soldiers by the public, and that no deduction should be made on that account from their pay; also, That no one should be forced to enlist below the age of seventeen, Plutarch, in Gracch. de Vns muniendis, about paving and measuring the public roads, making bridges, placing milestones, and, at smaller distances, stones to help travellers to mount their horses, ibid, for it appears the ancient Romans did not use stirrups ; and there were wooden horses placed in the Campius Martius, where the youth might be trained to mount and dismount readily, Veget. i. 18. Thus Virgil, Corpora saltu subjiciunt in equos, j£n. xii. 288. Caius Gracchus first introduced the custom of walking or moving about, while haranguing the people, and of exposing the right arm bare, Dio. Fragm. xxxiv. 90. which the ancient Romans, as the Greeks, used to keep within their robe, (veste continere,) Quinctih xi. 3. 138. Lex SEMPRONIA defoenore, by a tribune, long before the time of the Gracchi, A. U. 560. That the interest of money should be regulated by the same laws among the allies and Latins, as among Roman citizens. The cause of this law was, to check the fraud of usurers, who lent their money in the name of the allies, (in socios nomina transcribebant,) at higher interest than was allowed at Rome, Liv. xxxv. 7. Lex SERVILIA Agraria, by P. Servilius Rullus, a tribune, A. II. 690. That ten commissioners should be created with absolute power for five years, over all the revenues of the republic ; to buy and sell what lands the)' thought fit, at what price, and from' whom they chose ; to distribute them at pleasure to the citizens ; to settle new colonies wherever they judged proper, and particularly in Cam- pania, &c. But this law was prevented from being passed by the eloquence of Cicero the consul, Cic. in Rull. — in Pis. 2. de Civitate, by C. Servilius Glaucia, a praetor, A. U. 653. That if any of the Latin allies accused a Roman senator, and got him condemned, he should obtain the same place among the citizens which the criminal had held, Cic. pro Balb. 24. de Refetundis, by the same person, ordaining severer penalties than formerly against extortion, and that the defendant should have a second hearing, (ut reus comperendinaretur,) Cic. Verr. i. 9. Rabir. Posthum. 4. SERVILIA Judiciaria, by Q. Servilius Cospio, A. U. 647. That the right of judging, which had been exercised by the equites alone for seventeen years, according to the Sempronian law, should be shared between the senators and equites, Cic. Brut. 43 .44. 86. de Orat. ii. 55. Tacit. Annal. xii. 60. Lex SICIJMIA, by a tribune, A. U. 662. That no one should contradict or interrupt a tribune while speaking to the people, Di+ onys. vii. 17. Lex SILIA, by a tribune, about weights and measures, Festus, in PUBUCA POtfDERA. 188 ROMAN ANTIQUITIES. Lex SILVANI et CARBONIS, by two tribunes, A. U. 664. That whoever was admitted as a citizen by any of the confederate states, if he had a house in Italy when the law was passed, and gave in his name to the praetor, (apud prcetorem projiteretur,) within sixty days, he should enjoy all the rights of a Roman citizen, Cic. pro Arch, 4. Lex SULPiCIASEMPRONIA, by theconsuls, A. U. 449. That no one should dedicate a temple or altar without the order of the senate, or a majority of the tribunes, Liv. ix. 46. Lex SULPIC1A, by a consul, A. U. 553. ordaining war to be proclaimed- on Philip king of Macedon, Liv. xxxi. 6. Leges SULPiCL'E dt cere alieno, by the tribune Serv. Sulpicius, A. U. 6Q5. That no senator should contract debt above 2000 dena- rii : That the exiles who had not been allowed a trial, should be re- called : That the Italian allies, who had obtained the right of citi- zens, and had been formed into eight new tribes, should be distri- buted through the thirty-five old tribes : Also, that the manumitted slaves (cives libertini) who used formerly to vote only in the four city tribes, might vote in all the tribes : that the command of he war against Mithridat.es should be taken from Sylla, and given to Marius, Plutarch, in Sylla et Mario $ Liv. Epit. 77. Ascon. in Cic. Paterc. ii. 18. But these laws were soon abrogated by Sylla, who, returning to Rome with his army from Campania, forced Marius and Sulpicius, with their adherents, to fly from the city. Sulpicius, being betray- ed by a slave, was brought back and slain ; Sylla rewarded the slave with his liberty, according to promise ; but immediately after ordered him to be thrown from the Tarpeian rock for betraying his master, ibid. Leges SUMPTUARY; Orchia. Fannia, Didia, Licinia, Cor- nelia, /Emilia. Antia, Julia. Leges TABELLARIJE, four in number. Seep. 86. Lex TALAR1A, against playing at dice at entertainments, (ut nt legi fraudem faciam talarice, that I may not break, &c.) Plaut. Mil. Glor. ii. 2. 9. Lex TERENTIA et Cassia frumentaria. See Lex Cassia. Lex TERENTILIA, by a tribune, A. U. 291. about limiting the powers of the consuls. It did not pass ; but after great conten- tions gave cause to the creation of the decemviri, Liv. iii. 9. 10. &c. Ltges TESTAMENTAttliE, Cornelia, Furia, Voconia. Lex THORIA de VectigaliburS, by a tribune, A. U. 646. That no one should pay any rent to the people for the public lands in Italy which he possessed, (a grum publicum vectigali levavit,) Cic. Brut. 3d. It also contained certain regulations about pasturage, dc Oral. ii. 70. But Appian gives a different account of this law, de. Bell. Civ. i. p. 366. Lex T1TIA de qucestoribus, by a tribune, as some think, A. U. 448. about doubling the number of quaestors, and that they should determine their provinces by lot, Cic. pro Muran. 8. LAWS OF THE ROMANS, [ 39 _ de Muneribus, against receiving money or presents 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 Publician law. de Tutoribus, A. U. 722, the same with the Julian law, and as some think, one and the same law, Justin, Instit. de AttiL Tut. Lex TREBONIA, by a tribune, A. U. 698. assigning provinces to the consuls for five years ; Spain to Pompey ; Syria and the Par- thian 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 Tribunis, A. U. 305. Liv. iii. 64. 62. See p. 120. Lex TRIBUNITIA, either a law proposed by a tribune, Cic, w Rail. ii. 8. Liv. iii. 50. 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. I Lex TULLIA de Ambitu, by Cicero, when consul, A. U. 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 imposed on him by the testament of a friend, Cic. Vat. 15. Sext. 64. Mur. 32. 34. &c. -de Legatione Libera, limiting the continuance of it to a year, Cic. de Legg. iii. 8. Lex VALERIA de provocatione. Seep. 100. de Formianis, A. U. 562, about giving the people of.For- miae the right of voting, Liv, xxxviii. 36. de Sulla, by L. Valerius Flaccus, interrex, A. U. 671. cre- ating Sulla dictator, and ratifying all his acts, whickjjicero calls the most unjust of all laws, Cic. pro Rull. iii. 2. S, Rose. 43. de Legg. i. 15. de Quadrante, by L. Valerius Flaccus, consul, A. U. 667. That debtors should be discharged, on paying one-fourth of their debts, Paterc, ii. 23. See p. 50. J^ex VALERIA HORATIA de tributis Comitiis, See p. 29. De tribunis, against hurting a tribune, Liv, iii. 55. Lex VARIA, by a tribune, A. U. 662. That inquiry should be made about those, by whose means or advice the Italian allies had taken up arms against the Roman people, Cic. Brut. 56. 89. Tusc. Qucest. ii. 24. Valer. Max. v. 2. Lex VATIN1A de provinciis. See p. 103. — de alternis consiliis rejiciendis, That in a trial for extortion, both the defendant and accuser might for once reject all the judices or jury; whereas, formerly they could reject only a few, who?o 190 ROMAN ANTIQUITIES. • places the praetor supplied by a new choice, (subsortitione,) Cic. in Vat. 11. de Colonis, That Caesar should plant a colony at Novoco- mum in Cisalpine Gaul, Suet. Jul. 28. Leges DEVI, Plotia, Lutatia, tt Julia, Lex VIARIA, de vns muniendis, by C. Curio, a tribune, A. U. 703. somewhat similar to the Agrarian law of Rullus, Cic. Fam. viii. 6. By this law there seems to have been a tax imposed on car- riages and horses, ad Attic, vi. 1. Lex VILLIA ANNALIS. See p. 97. Lex VOCONIA, de HjEreditatibus mulierum, by a tribune, A» U. 384. That no one should make a woman his heir; (Ne quis hje- REDEM VIRGINEM NEQUE MULIEREM FACERET,) Cic. Verr. 1. 42. UOr leave to any one by way of legacy more than to his heir or heirs, c. 43. de Scnect. 5. Balb. 8. But this law is supposed to have refer- red chiefly to those who were rich, (qui essent censi, i. e. pecuniosi vel classici, those of the first class, Ascon in Cic. Gell. vii. 13.) to prevent the extinction of opulent families. Various arts were used to elude this law. Sometimes one left his fortune in trust to a friend, who should give it to a daughter or other female relation ; but his friend could not be forced to do so, unless he inclined, Cic. de Fin. ii. 17. The law itself, however, like many others, on account of its severity, fell into disuse, Gell. xx. 1 . These are almost all the Roman laws mentioned in the classics. Augustus, having become sole master of the empire, Tacit. An. i. 2. continued at first to enact laws in the ancient form, which were so many vestiges of expiring liberty, (vestigia morientis libertatis,) as Tacitus calls them: But he afterwards, by the advice of Mecaenas, Dio. lii. gradually introduced the custom of giving the force of laws to the decrees of the senate, and even to his own edicts, Tacit. Annal. iii. 28. His successors improved upon this example. The ancient manner of pas^g laws came to be entirely dropped. The decrees of the senate, maeed, for form's sake, continued for a considerable time to be published ; but at last these also were laid aside, and every thing was done according to the will of the prince. The emperors ordained laws — 1. By their answers to the appli- cations made to them at home, or from the provinces, (per RE- SCRIPTA ad LIBELLOS supplices epistdas, vel preces.) 2. By their decrees in judgment or sentences in court, (per DECRETA,) which were either Interlocutory, i. e. such as re- lated to any incidental point of law which might occur in the pro- cess; or, Definitive, i. e. such as determined upon the merits of the cause itself, and the whole question. 3. By their occasional ordinances, (per EDICTA vel CON- STITUTIONS,) and by their instructions (per MANDATA), to their lieutenants and officers. These constitutions were either general, respecting the public at large ; or special) relating to one person only, and therefore properly LAWS OF THE ROMANS, J91 called PRIVILEGIA, privileges ; Plin. Ep. x. 56. 57. but in a sense different from that in which was it used under the republic. See p. 32. The three great sources, therefore, of Roman jurisprudence were the laws, (LEGES,) properly so called, the decrees of the senate, (SENATUS CONSULTA,) and the edicts of the prince, (CON- STITUTIONES PRINC1PALES.) To these may be added the edicts of the magistrates, chiefly the prastors, called JUS HONO- RARIUM, (see p. 1 10.) the opinions of learned lawyers, (AUCTO- RITAS vel RESPONSA PRUDENTUM, vel Juris consultorum, Cic. pro Muraen. 13. Casein. 24.) and custom or long usage, (CON- SUETUDO vel MOS MAJORUM, Gell. xi. 18.) The titles and heads of laws, as the titles and beginnings of books, (Ovid, Trist. i. 7. Martial, iii. 2.) used to be written with vermilion (rubrica vel minio :) Hence RUBRICA is put for the Civillaw ; thus, < Eubrica vetavit, the laws have forbidden, Pers. v. 90. Alii se ad Al- bum (i. e. jus proetorium, quia prcetores edicta sua in albo propone- bant,) ac rubricas (i. e. jus civile) transtulerunt, Quinctil. xii. 3. 11. Hence Juvenal, Perlege rubras majorum leges, Sat. xiv. 193. The Constitutions of the emperors were collected by different lawyers. The chief of these were Gregory and Hermogenes, who flourished under Constantine. Their collections were called CO- DEX GREGORIANUS and CODEX HERMOGENIANUS. But these books were composed only by private persons. The first col- lection made by public authority, was that of the Emperor Theodo- sius the younger, published, A. C. 438. and called CODEX THEO- DOSIANUS. But it only contained the imperial constitutions from Constantine to his own time, for little more than an hundred years. It was the emperor JUSTINIAN that first reduced the Roman law into a certain order. For this purpose, he employed the assist- ance of the most eminent lawyers in the empire, at the head of whom was TRIBONIAN. Justinian first published a collection of the imperial constitutions, A.C. 529, called CODEX JUSTINIANUS. Then he ordered a collection to be made of every thing that was useful in the writings of the lawyers before his time, which are said to have amounted to 2000 volumes. This work was executed by Tribonian and sixteen associates in three years, although they had been allowed ten years to finish it. It was published, A. D. 533. under the title of Digests or Pandects, (PANDECTiE vel DIGES- TA.) It is sometimes called, in the singular, the Digest or Pandect. The same year were published the elements or first principles of the Roman law, composed by three men, Tribonian, Theophilus, and Dorotheus, and called the Institutes, (INSTITUTA.) This book was published before the Pandects, although it was composed after them. As the first code did not appear sufficiently complete, and con- 192 ROMAN ANTIQUITIES. tained several things inconsistent with the Pandects, Triboriian and other four men were employed to correct it. A new code therefore was published, xvi. Kal. Dec. A. D. 534, called CODEX REPETI- TiE PRiELECTONIS, and the former code declared to be of no further authority. Thus in six years was completed what is called CORPIS JURIS, the body of Roman law. But when new questions arose, not contained in any of the above- mentioned books, new decisions became necessary to supply what was wanting, or correct what was erroneous. These were after- wards published under the title of Novels, (NOVELLiE sc. consti- tutions,) not only by Justinian, but also by some of the succeeding emperors. So that the Corpus Juris Romani Civilis is made up of these books, the Institutes, Pandects or Digests, Code, and Novels. The Institutes are divided into four books, each book into several titles or chapters, and each title into paragraphs (§) of which the first is not numbered/ thus, Inst. lib. i. tit. x. princip. or more short- ly, I. 1. 10. pr. So, Inst. L i. tit. x. § 2. or, I. 1. 10. 2. The pandects are divided into fifty books ; each book into several titles ; each title into several laws, which are distinguished by num- bers; and sometimes one law into beginning (princ. for principium) and paragraphs; thus, D. 1. 1. 5. i. e. Digest, first book, first title, fifth law. If the law is divided into paragraphs, a fourth number must be added ; thus, D. 48. 5. 13. pr. or 48. 5. 13. 3. Sometimes the first word of the law, not the number, is cited. The Pandects are often marked by a double /; thus, jf. The Code is cited in the same manner as the Pandects, by Book, Title, and Law : The Novels by their number, the chapters of that number, and the paragraphs, if any; as, Nov. 115. c. 3. The Justinian code of law was universally received through the Roman world. It flourished in the east until the taking of Con- stantinople by the Turks, A. D. 1453. In the west, it was in a great measure suppressed by the irruption of the barbarous nations: till it was revived in Italy, in the twelfth century, by IRNERIUS, who had studied at Constantinople, and opened a school at Bologna under the auspices. of Frederick I. Emperor of Germany. He was attended by an incredible number of students from all parts, who propagated the knowledge of the Roman civil law through most countries of Europe; where it still continues to be of great autho- rity in courts of justice, and seems to promise, at least in point of legislation, the fulfilment of the famous prediction of the ancient Romans, concerning the eternity of their empire.* JUDICIAL PROCEEDINGS of the ROMANS. The Judicial Proceedings (JUDICIA) of the Romans were either Private or Public, or, as we express it. Civil or Criminal: (Omnia * The decisions of the Courts in Great Britain, and in the United States, seem to be constantly approximating to the principles of the Roman Civil Law. In Admiral- \- «ases, it is the chief guide of the judges. JUDICIAL PROCEEDINGS, &c. 193 judicia aut distrahendarum controversiarum aut puniendorum malefi. riorum causa reperta sunt,) Cic. pro Casein. 2. I. {JUDICIA PRIVATA,) CIVIL TRIALS. JUDICIA PRIVATA, or Civil trials, were concerning private causes, or differences between private persons, Cic. de Orat. i. 38. Top. 17. In these at first the kings presided, Dionys. x. 1. then the consuls, Id. SzLiv. ii. 27. the military tribunes, and decemviri, Id. iii. 33. but after A. U. 389, the Praetor Urbanus and Peregrinus. See p. 108. The judicial^ower of the Prcetor Urbanus and Peregrinus was properly called JURISDICTIO, (quw posita erat in edicto et ex edicto decretis;) and of the praetors who presided at criminal trials, QUiESTIO, Cic. Verr. i. 40. 41. 46. 47. &c. ii. 48. v. 14. Muram. 20. Flacc. 3. Tacit. Agric. 6. The praetor might be applied to (adiri poterat, copiam vel po- testatem sui faciebat) on all court days (diebus fastis); but on certain days, he attended only to petitions or requests (postula- tionibus vacabat) ; so the consuls, Plin. Ep. vii. 33. and on others, to the examination of causes, (cognitionibus,) Plin. Ep. vii. 33. . On court-days, early in the morning, the praetor went to the Fo- rum, and there being seated on his tribunal, ordered an Accensus to call out the people around, that it was the third hour ; and that" whoever had any cause, (qui LEGE AGERE vellet,) might bring it before him. But this could only be done by a certain form. I. VOCATIO in JUS, or Summoning to Court. If a person had a quarrel with any one, he first tried to make it up, (litem componere vel dijudicare) in private, (intra parietes, Cic. pro P. Quinct. 5. 11. per disceptatores domesticos vel opera .amico' rum, Caecin. 2.) If the matter could not be settled in this manner, Liv. iv. 9. the plaintiff (ACTOR vel PETITOR) ordered his adversary to go with him before the praetor, (in jus vocabat,) by saying, In jus voco te : In jus eamus : In jus veni : Sequere ad tribunal : In jus ambu- la, or the like, Ter. Phorm. v. 7. 43. and 88. If he refused, the prosecutor took some one present to witness, by saying Licet an- testari ? May I take you to witness ? If the person consented, he offered the tip of his ear, (auriculam opponebat,) which the prosecu- tor touched, Horat. Sat. i. 9. v. 76. Plaut. Curcul. v. 2. See p. 59. Then the plaintiff might drag the defendant (reum) to court by force (in jus rapcre), in any way, even by the neck, (obtorto collo,) Cic. et Plaut. Paen. iii. 5. 45. according to the law of the Twelve Tribes : si calvitur (moratur) pedemve strvit,. (fugit \e\fugam adornat,) manum endo jacito, (injicito,) Festus. But worthless persons, as thieves, robbers, &c. might be dragged before a judge without this formality, Plaut. Pers. iv. 9. v. 10. By the law of the Twelve Tables, none were excused from appear- 194 ROMAN ANTIQUITIES ing in court ; not even the aged, the sickly, and infirm. If they could not walk, they were furnished with an open carriage, (jumentum, i. e. plaustrum vel vectabulum,) Gell. xx. 1. Cic. de legg. ii. 23. Horat. Sat. i. 9. 76. But afterwards this was altered, and various persons were exempted; as magistrates, Liv. xlv. 37. those absent on ac- count of the state, Val, Maxim, iii. 7. 9. &c. also matrons, Id. ii. 1. 5. boys and girls under age, D. de in jus vocand, &c. It was likewise unlawful to force any person to court from his own house, because a man's house was esteemed his sanctuary, (tutissi- mum refugium et receplaculum.) But if any one lurked at home to elude a prosecution, (si fraudationis causa latitaret, Cic. Quint. 19.) he was summoned (evocabatur) three times, with an interval of ten days between each summons, by the voice of a herald, or by letters, or by the edict of the praetor ; and if he still did not appear, (se non sisteret,) the prosecutor was put in possession of his effects, [in bona ejus mittebatur.) Ibid. If the person cited found security, he was let go ; (Si ensiet) si autem sit, (sc, aliquis,) Qui in jus vocatum vindicit, (vindicaverit, shall be surety for his appearance,) mittito, let him go. If he made up the matter by the way, (endo via,) the process was dropped. Hence may be explained the words of our Saviour, Matth. v. 25. Luke, xii. 58. II. POSTULATIO ACTIOMS, Requesting a Writ, and giving Bail, If no private agreement could be made, both parties went before the praetor. Then the plaintiff proposed the action (ACTIONEM EDEBAT, vel dicam scribebat, Cic. Verr. ii. 15). which he intend- ed to bring against the defendant (quam in reum intendere vel- let), Plaut, Pers, iv. 9. and demanded a writ, (ACTIONEM POS- TULABAT,) from the praetor for that purpose. For there were certain forms, (Formula) or set words (verba concepta) necessa- ry to be used in every cause, (Formula de omnibus rebus con- stitute,) Cic, Rose, Com, 8. At the same time the defendant re- quested, that an advocate or lawyer should be assigned him, to assist with his counsel. There were several actions competent for the same thing. The prosecutor chose which he pleased, and the praetor usually granted it; (actionem vel judicium dabatvc/ reddebat,) Cic, pro Ccscin. 3. Quint, 22. Verr, ii. 12. 27. but he might also refuse it, ibid, et ad Herenn, ii. 13. The plaintiff having obtained a writ from the praetor, offered it to the defendant, or dictated to him the words. This writ it was un- lawful to change, (mutare formidam non licebat,) Senec, de Ep. 117. The greatest caution was requisite in drawing up the writ, (in ac- lione vel formula concipiendd ;) for, if there was a mistake in one word, the whole cause was lost, Cic. de invent, ii. 19. Herenn. i. 2. Quinctil. iii. 8. vh\ 3. 17. Qui plus petebat, quam debitum est, cau» JUDICIAL PROCEEDINGS, & c . 195 sam perdebat, Cic. pro Q. Rose. 4. vel formula excidebat, i. e. causa cadebat, Suet. Claud. 14. Hence scribere vel subscribere di- cam alicui vel impingere, to bring an action against one, Cic. Verr. ii. 15. Ter. Phorm. ii. 3. 92. or cumaliquo judicium subscribere, PUlL Ep. V. 1. EI FOKMULAM INTENDERE, Suet. Vit. 7. But DlCAM vel dicas sortiri, i. e. judices dare sortione, 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 called by Ci- cero LEGULEIUS, prceco actionum cantor formularum, auceps syU labarum, Cic. de Orat. i. 55. and by Quinctilian, Formularius, xii. 3. 11. He attended on the advocates to suggest to them the laws and forms ; as those called Pragmatici did among the Greeks, ibid, and as agents do among us. Then the plaintiff required, that the defendant should give bail for his appearance in court (VADES, qui sponderent eum adfuturum), on a certain day, which was usually the third day after, (tertio die vel perendi,) Cic. pro Quinct. 7. Muraen. 12. Gell. vii. 1. and thus he was said VADARI REUM (Vades ideo dicti, quod, qui eos dede- rit, vadendi, id est, discedendi habet potestatem, 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. The defendant was said VADES DARE, vel VADIMONIUM PROMITTERE. If he did not find bail, he was obliged to go to pri- son, Plaut. Pers. ii. 4. v. 18. The prastor sometimes put off the hear- ing of the cause to a more distant day, (vadimonia diffcrebat,) Liv* Epit. 86. Juvenal, iii. 213. But the parties (Litigatores) chiefly were said vadimonium differre cum aliquo, to put off the day of the trial, Cic. Att. ii. 7. Fam. ii. 8. Quinct. 14. 16. Res esse in va- dimonium cozpit, began to be litigated, ibid. In the meantime the defendant sometimes made up {rem compon- ebat et transigebat, compromised), the matter privately with the plaintiff, and the action was dropped, Plin. Ep. v. 1 . In which case the plaintiff was said, decidisse, vel pactionem fecisse cum reo, judicio reum absolvisse vel liberdsse, lite contestatd vel judicio con- stitute, after the lawsuit was begun ; and the defendant, litem redimisse ; after receiving security from the plaintiff, (cum sibi cavisset vel satis ab actor e accepissit,) that no further demands were to be made upon him, (amplius a se neminem petiturum,) Cic. Quint. 11. 12. If a person was unable or unwilling to carry on a lawsuit, he was said, NON POSSE VEL NOLLE PROSEQUI, Vel EXPERIRI, SC. JUS Vel jurt, \e\jure summo, ib. 7. &c When the day came, if either party, when cited, was not pre- sent, without a valid excuse, (sine morbo vel causa sonticd,) he lost his cause, Horat. Sat. i. 9. v. 36. If the defendant was absent, he was said DESERERE VADIMONIUM, and the praetor put the plaintiff in possession of his effects, Cic. pro Quint. 6. & 20. If the defendant was present, he was said VADIMONIUM SIS- 19G ROMAN ANTIQUITIES. TERE vel obire. When cited, he said, Ubi tu es, Qui me va~ datus es ?■ Ubi tu es, qui me citasti? Ecce me tibi sisto, tu contra et te mihi siste. The plaintiff answered, Adsum, Plant. CurcuL i. 3. 5. Then the defendant said, Quid ais : The plain- tiff said, AIO fundum, quem possides, meum esse; vel AIO te mihi dare, facere, oportere, or the like, Cic. Mur. 12. This was called INTENT10 ACT10NIS, and varied according 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, quce ab alio possidetur, petimus, Ulpian.) 2. A personal action, (ACTIO IN PERSONAM,) was against a person, to bind him to do or give something, which he was bound to do or give, by reason of a contract ; or for some wrong done by him to the plaintilF. 3. A mixt action was both for the thing, and for certain personal prestations. I. Real Actions. Actions for a thing, or real actions, were either CIVIL, arising from some law, Cic. in Caicil. 5. de Orat, i. 2. or PRiETORIAN, depending on the edicts of the praetor.* ACTIONES PrLETORLE, were remedies granted by the prae- tor for rendering an equitable right effectual, for which there was no adequate remedy granted by statute or common law. A civil action for a thing (actio civilis vel legitima in rem), was called VINDICATIO ; and the person who instituted it, vindex. But this action could not be brought, unless it was previously as- certained, who ought to be the possessor. If this was contested, it was called Lis vindiciarum, Cic. Verr. i. 45. and the praetor deter- mined the matter by an interdict, Cic. Ccecin. 8. 14. If the question was about a slave, the person who claimed the possession of him, laying hands on the slave, (manum ci injiciens,) before the prxtor, said, Hunc hominem ex jure quiritium meum esse AIO, ejus que vindicias, (i. e. possessionem,) mihi dari pos- tulo. To which Plautus alludes, Rud. iv. 3. 86. If the other was silent, or yielded his right, (jure cedebat,) the praetor adjudged the * Actions according to the laws of England, and our laws are of three kind?, personal, real, and mixed. Personal actions are such whereby a man claims a debt or personal duty, or damages in lieu thereof: and likewise, whereby a man claims a satisfaction in damages for some injury done to his person or property. Real ac- tions are such whereby the plaintifT claims title to leave any lands or tenements, rents, or other hereditaments, in fee simple, fee tail, or for term of life. Mixed actions ar* suits partaking of the nature of the other two, wherein some real property is de- led, and also personal damages for a wrong sustained. 3 Bl. Cora. 117. 118. JUDICIAL PROCEEDINGS, &c. 197 slave to the person who claimed him, (servum addecibat vindicanti,) that is, he decreed to him the possession, till it was determined who should be the proprietor, (ad exitum judicii.) But if the other person also claimed possession, (si vindicias sibi conservari postularet,) then the praetor pronounced an interdict, (interdicebat,) Qui nec vi, nec CLAM, NEC PRECARIO POSSIDET, EI VINDICIAS DABO. The laying on of hands '(MAJSfUS INJECTIO) was the usual mode of claiming the property of any person, Liv. iii. 43. to which frequent allusion is made in the classics, Ovid. Epist. Her. viii. 16, xii. 158. Amor. i. 4. 40. ii. 5. 30. Fast. iv. 90. Virg. JEn. x. 41-9. Cic. Ros. Com. 16. P tin.' Epist. x. 19. In vera bona non est manus injectio ; Animo non potest injici manus, i. e. vis fieri, Seneca. In disputes of this kind (in litibus vindiciarum), the presumption always was in favour of the possessor, according to the law of the Twelve Tables, Si qui in jure manum conserunt, i.e. apudjudi- cem disceptant, secundum eum qui possidet, vindicias dato, Gell. xx. 10. But in an action concerning liberty, the praetor always decreed possession in favour of freedom, (vindicias dedit secundum liberta- tem,) and Appius the decemvir, by doing the contrary, (decemendo vindicias secundum servitutem vel ab libertate in servitutem contra leges vindicias dando, by decreeing 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 on himself and his colleagues, Liv. iii. 47. 56. 58. Whoever claimed a slave to be free, (vindex, qui in liberlatem vindicabat.) was said, eum liberali, causa manu asserere, Te- rent. Adelph. ii. 1. 39, Plaut. Posn. v. 2. but if he claimed a free person to be a slave, he was said, in servitutem asserere \ and hence was called ASSERTOR, Liv. iii. 44. Hence, Hcec (sc. pr es- sentia gaudia) utrdque manu, complexuque assere toto, Martial, i. 1G. 9. — assero, for affirmo or assevero is used only by later writers. The expression MANUM CONSERERE, to fight hand to hand, is taken from war, of which the conflict between the two parties was a representation. Hence Vindicia, i. e. injectio vel correptio manus in re prcesenti, was called vis civilis et festucaria, Gell. xx. 10. The two parties are said to have crossed two rods, (festucas inter se commisisse,) before the praetor, as if in fighting, and the van- quished 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 \c\festuca,) which the two parties (litigantes vel disceptantes) broke in a fray or mock fight before the praetor, (as a straw (stipida) used anciently to be broken in making stipulations, Isidor. v. 24.) the consequence of which was, that one of the parties might say, that he had been oust- ed or deprived of possession, (possessione dejectus) by the other, and therefore claim to be restored by a decree (interdicto") of the praetor. 198 ROMAN ANTIQUITIES. If the question was about a farm, a house, or the like, the praetor anciently went with the parties (cum litigantibus) to the place, and gave possession (vindicias dabat) to which of them he thought pro- per. But from the increase of business, this soon became imprac- ticable; and then the parties called one another from court (ex jure) to the spot, (in locum vel rem presentem,) to a farm for instance, and brought from thence a turf (glebam), which was also called VINDICliE, Festus ; and contested about it as about the whole farm. It was delivered to the person to whom the praetor adjudged the possession, Gell. xx. 10.* But this custom also was dropped, and the lawyers devised a new form of process in suing for possession, which Cicero pleasantly ri- dicules, pro Murcen. 12. The plaintiff (peiitor) thus addressed the defendant, (eum, unde pel ebatur ; Fundus qui est in agro, qui Sa- BINUS VOCATUR, EUM EGO EX JURE QUIRITIUM MEUM ESSE AIO, INDE ego te ex jure manu consertum (to contend according to law) voco. If the defendant yielded, the praetor adjudged possession to the plaintiff. If not, the defendant thus answered the plaintiff, unde tu me ex Jure manum consertum vocasti, inde ibi ego te revoco. Then the praetor repeated his set form, (carmen compositum,) Utrisque superstitibus praesentibus, i. e. testibus prcesentibus, (before witnesses.) istam viam dico. Inite viam. Immediately they both set out, as if to go to the farm, to fetch a turf, accompanied by a lawyer to direct them, (qui ire viam doceret.) Then the prae- tor said, Redite viam ; upon which they returned. If it appeared, that one of the parties had been dispossessed by the other through force, the pragtor thus decreed, Unde tu illum dejecisti, cum nec VI, NEC CLAM, NEC PR.ECARIO POSSIDERET EO ILLUM RESTITUAS JU- beo. If not, he thus decreed. Uti nunc possidetis, &c. ita pos- sideatis. Vim fieri veto. The possessor being thus ascertained, the action about the right of property (de jure dominii) commenced. The person ousted or outed {possessione exclusus vel dejectus, Cic. pro Caecin. 19.) first asked the defendant, if he was the lawful possessor, (Quando ego te in jure conspicio, postulo an sies auctor? i. e. posses- sor, unde mcumjus repetere possim, Cic. pro Caecin. 1 9. et Prob. in *l*ivery of seizin, according to the common law of England, was either in deed, or in law- Livery in deed was thus performed. The feoffer, lessor, or his attorney, together with the feoffee, lessee, or his attorney, came to the land or the house; and then, in the presence of witnesses, declared the contents of the feoffment or lease, on which livery was to be made. And then the feoffer, (if it were of land) delivered to the feoffee, all the persons being out of the ground, a clod, or turf, or a twig or bough there growing, with words to this effect: "I deliver these to you, in the name of seizin of all the lands and tenements contained in this deed." But if it were of a house, the feoffer took the ring, or latch of the door, (the house being quite empty,) and delivered it to the feoffee in the same form ; and then the feoffee entered alone, shut to the door, then opened it, and let in the others. Livery in law was when the same was not made on the land, but in sight of it only ; the feoffer saying to the feoffee, " I give you yonder land, enter and take possession." 2 Bl. Com. 315. 316. I Thus the practice of livery and seizin clearly appears to be a relict of Roman jurispradencp. JUDICIAL PROCEEDINGS, &c. (yy Not.) Then he claimed his right, and in the mean time required that the possessor should give security, (Satisdaret,) not to do any damage to the subject in question, (ne nihil deterius in posses- sions facturum,) by cutting down trees, or demolishing buildings, &c. in which case the plaintiff was said per prjedes, v. — em, vel pro prcede litis vindiciarum satis accipere, Cic. Verr. i. 45. If the defendant did not give security, the possession was transferred to the plaintiff, provided he gave security. A sum of money used to be deposited by both parties, called SA- CRAMENTUM, which fell to the gaining party after the cause was determined, Festus ; Varro deLat. ling. iv. 36. or a stipulation was made about the payment of a certain sum called SPONSIO. The plaintiff said, Quando negas hunc fundum esse meum, Sacramen- to TE QUINQUAGENARIO PROVOCO. SpONDESNE QUINGENTOS, SC. mOTl- ■mos vel asses, si meus est 1 i. e. si meum esse probavero. The de- fendant said, Spondeo quingentos, si tuus sit ? Then the defen- dant required a correspondent stipulation from the plaintiff, (resti- pulabatur,) thus, Et tu spondesne quingentos, ni tuus sit ? i. e. si probavero tuum nonesse. Then the plaintiff said, Spondeo, ni meus sit. Either party lost his cause if he refused to give this promise, or to deposite the money required. Festus says this money was called SACRAMENTUM, because it used to be expended on sacred rites ; but others, because it served as an oath, {quod instar sacramenti vel jurisjurandi esset,) to con- vince the judges that the lawsuit was not undertaken without cause, and thus checked wanton litigation. Hence it was called Pignus sponsionis, {quia violate quod quisqae promittit perfidies est) Isidor, Orig. v. 24. And hence Pignore contendere, et sacramento, is the same, Cic. Fam. vii. 32. de Orat. i. 10. Sacramentum is sometimes put for the suit or cause itself, (pro ipsa petitioned) Cic. pro Caecin. 33. sacramentum in libertatem, i. e. causa et vindicice libertatis, the claim of liberty, pro Dom. 29. Mil. 27. de Orat. i. 10. So SPONSIONEM FACERE, to institute a lawsuit, Cic. Quint. 8. 26. Verr. iii. 62. Ccecin. 8. 16. Rose. Com. 4. 5. Off. iii. 19. Sponsione lacessere, Ver. iii. 57. certare, Casein, 32. vincere, Quint. 27. and also vincere sponsionem, Caecin. 31. or judicium, to prevail in the cause, Ver. i. 53. condemnari sponsionis, to lose the cause, Ccecin. 31. sponsiones, i. e. causa', prohibits judica- ri, causes not allowed to be tried, Cic. Verr. iii. 62. The plaintiff was said sacramento vel sponsione provocare, rogare* qucerere, et stipulari. The defendant, contendere ex provocations vel sacramento et restipulari, Cic. pro Rose. Com. 13. Valer. Max. ii. 8. 2. Festus; Varr. de Lat. ling. iv. 36. The same form was used in claiming an inheritance, (in hjeredi- tatis petitione,) in claiming servitudes, &c. But in the last, the action might be expressed both affirmatively and negatively, thus, aio, jus esse vel non esse. Hence it was called Actio confe ria et negatoria. 200 ROMAN ANTIQUITIES. 2. Personal Actions. Personal actions, called also CONDICTIONES, were very nu- merous. They arose from some contract, or injury done ; and re- quired that a person should do or give certain things, or suffer a cer- tain punishment. Actions from contracts or obligations were about buying and sell- ing, (de emptione et venditione •) about letting and hiring, ( de /o« catione et conductione : locabatur vel domus, vel fundus, vel opus fa- ciendum, ve\ vectigal ; JEdium conductor Inquilinus, fundi colo- nus, operis redemptor, vectigalis publicanus vel manceps diceba- tur,) about a commission, {de mandato ;) partnership, (de societate ;) a deposite, (de deposito apud sequestrem:) a loan, (de commodato vel mutuo, proprie commodamus vestes, libros, vasa, equos, et similia, qum eadem redduntur ; mutuo autem damus ea, pro quibus alia red- duntur ejusdem generis, ut nummos, frumentum, vinum, oleum, etfere catera, qum pondere, numero, vel mensurd dari solent ;) a pawn or pledge, (de hypotheca vel pignore;) a wife's fortune, (de dote vel re uxoria ;) a stipulation, (de stipulatione,) which took place almost in all bargains, and was made in this form ; An spondes ? Spondeo : an dabis ? dabo: An promittis ? promitto, vel repromitto, fyc. Plaut. Pseud, iv. 6. Bacchid. iv. 8. When the seller set a price on a thing he was said indic are ; thus, Indica, fac pretium, Plaut. Pers. iv. 4. 37. and the buyer, when he offered a price, liceri, i. e. rogare quo pretio liceret auferre, Plaut. Stich. i. 3. 68. Cic. Verr. iii. 33. At an auction, the person who bade, (LICITATOR,) held up his forefinger, (index f) hence digito liceri, Cic. ib. 11. The buyer asked, Quanti licet? sc. ha- bere vel auferre. The seller answered, Decern nummis licet ; or the like, Plaut. Epid. iii. 4. 35. Thus some explain, De Drusi hortis, quanti licuisse, (sc. eas emere,) tu scribis, audieram : sed quanti quanti, bene emitur quod necesse est, Cic. Att. xii. 23. But most here take licere in a passive sense, to be valued or appraised $ quan- ti quanti, sc. licent, at whatever price ■, as Mart. vi. 66. 4. So Venibunt quiqui licebunt (whoever shall be appraised or exposed to sale, shall be sold), prcesenti pecunid, for ready money, Plaut. Me- naech. v. 9. 97. Unius assis non unquam pretio pluris licuisse, notan- te judice quo ndsti 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 fixt forms, (stipulationum formula, Cic.de legg. i. 4. vel sponsionum, Id. Rose. Com. 4.) usually observed between the two parties. The person who required the promise or obligation, (STIPULATOR, sibi qui promitti curabat, v. sponsionem exigebat.) asked (rogabat v. interro- gabat) him who was to give the obligation, (PROM1SSOR vel Repromissor, Plaut. Asin. ii. 4. 48. Pseud, i. 1. 1 12: for both words are put for the same thing, Plaut. Cure. v. 2. 68. v. 3. 31. Cic. Rosr JUDICIAL PROCEEDINGS, &c, 201 Com. 13.) before witnesses, Plant, ib. 33. Cic. Rose. Com. 4. if he would do or give a certain thing; and the other always answer- ed in correspondent words : thus, An dabis ? Dabo vel Dabitue, Plaid. Pseud, i. 1. 115. iv. 6. 15. Bacch. iv. 8. 41. An spondes ? Spondeo, Id. Cure. v. 2. 74. Any material change or addition in the answer rendered it of no effect, § 5. Inst, de inutil. Stip. Plaut. Trin. v. 2. 34. & 39. The person who required the promise, was said to be reus stipulandi : he who gave it, reus promittendi, Di- gest. Sometimes an oath was interposed, Plaut. Rud, v. 2. 47. and for the sake of greater security, (id pacta et conventa Jimiora es- sent.) there was a second person, who required the promise or ob- ligation to be repeated to him, therefore called Astipulator, Cic. Quint. 18. Pis. 9. (qui arrogabat.) Plaut. Rud. v. 2. 45. and ano- ther who joined in giving it. Adpromissor, -Fes^s ; Cic. 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 correspondent ob- ligation, which was called restipulatio ; both acts were called Sponsio. Nothing of importance was transacted among the Romans with- out the rogatio. or asking a question, and a correspondent answer, (congrua re sponsio .*) Hence Ixterrogatio for Stipulatio, Senec, Bene/, iii. 16. Thus also laws were passed: the magistrate asked, (rogabat,) and the people answered (uti rogas), sc. volumus. See p. 85. 88. The form of Mancipatio or Mancipium, per ces et libram, was sometimes added to the Stipulatio, Cic, legg. ii. 20. & 21. A stipulation could only take place between those who were pre- sent. But if it was expressed in writing, (si in instrumento scrip- turn esset.) simply that a person had promised, it was supposed that every thing requisite in a stipulation had been observed, Inst. iii. 20. 17. Paull^Recept. Sent. v. 7. 2. In buying and selling, in giving or taking a lease, (in locatione vel conductione.) or the like, the bargain was finished by the simple con- sent of the parties : Hence these contracts were called CONSEN- SUALES. He who gave a wrong account of a thing to be disposed of, was bound to make up the damage, Cic. Off. iii. 16. Earnest (arrha 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 importantcontracts, bonds (SYNGRAPH^E) formally written out, signed, and sealed, were mutually exchanged between the parties. Thus Augustus and Antony ratified their agreement about the par- tition of the Roman provinces, after the overthrow of Brutus and Cassius at Philippi, by giving and taking reciprocally written obli- gations, (yf*Ka«Tf<«, syngraphcE ;) Dio. xlviii. 2. & 11, A difference having afterwards arisen between Caesar and Fulvia the wife of An- toDy and Lucius his brother, who managed the affairs of Antony in 26 202 ROMAN ANTIQUrriL Italy, an appeal was made by Caesar 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. Au- gustus appeared in his defence ; but Fulvia and L. Antonius, having tailed to come, although they had promised, were condemned in their absence ; and, in confirmation of the sentence, war was de- clared against them, which terminated in their defeat, and finally in the destruction of Antony, Dio. xlvii. 12. &c. In like manner the articles of agreement between Augustus, Antony, and Sex. Pom- peius, were written out in the form of a contract, and committed to the charge of the Vestal virgins, Dio. xlviii. 37. They were far- ther confirmed by the parties joining their right hands and embracing 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 Syngrapha, Cic. Mur. 17. Actions concerning bargains or obligations are usually named, ACTIONES empti, venditi, locati vel ex locato, conducti vel ex con- ductor mandati, &c. They were brought (intendebantur,) in this manner: The plaintiff said, AIO te mihi mutui commodati, depo- SITI NOMINE, DARE CENTUM OPORTERE ; AIO TE MIHI EX STIPU- latu, locato, dare facere oportere. The defendant either de- nied the charge, or made exceptions to it, or defences (Actoris in- tentionem aut negabat vel inficiabatur, aut exceptione elidebat). that is, he admitted part of the charge, but not the whole ; thus, NEGO me tibi ex stipulato centum dare oportere, nisi quod metu, polo, errore adductus spopondi, vel nisi quod minor XXV. AN- nis spopondi. Then followed the SPONSIO, if the defendant de- nied, ni dare facere debeat ; and the RESTIPULATIO, si dare facere debeat ; but if he excepted, the sponsio was, ni dolo ad- ductus spoponderit ; and the restipulatio, si dolo adductus spo- ponderit. To this Cicero alludes, de Invent, ii. 19. Fin. 2. 7. Att. vi. 1. An exception was expressed by these words, si non, ac si non, aut, si, aut nisi, nisi quod, extra quam si. If the plaintiffanswered the defendant's exception, it was called REPLICATIO ; and if the defendant answered him, it was called DUPLICATIO. It some- times proceeded to a TRIPLICATIO and QUADRUPLICATIO. The exceptions and replies used to be included in the Sponsio, Liv. xxxix. 43. Cic. Verr. i. 45. iii. 57. 59. Ccecin. 16. Vol. Max. ii. 8. 2. When the contract was not marked by a particular name, the ac- tion was called actio pr^scriptis verbis, actio inserta vel incerti^ and the writ (formula) was not composed by the praetor, but the words were prescribed by a lawyer, Val. Max. viii. 2. 2. Actions were sometimes brought against a person on account of the contracts of others, and were called Adjectitice qualitatis. JUDICIAL PROCEEDINGS, & c . 203 As the Romans esteemed trade and merchandise dishonourable, specially if not extensive, Cic. Off. i. 42. instead of keeping shops themselves, they employed slaves, freedmen, or hirelings, to trade on their account, (negotiationibus prceficitbant) who were called IN- STITORES, (quod negotio gerendo instabant ;) and actions brought against the trader (in negotiator em) or against the employer (in do- minum), on account of the trader's transactions, were called AC- TIONES INSTITORLE. In like manner, a person who sent a ship to sea at his own risk, (suo periculo navem mari immittebat,) and received all the profits, (ad quern omnes obventiones et reditus navis pervenirent,) whether he was the proprietor (dominus) of the ship, or hired it. (navem per aver- sionem conduxisset), whether he commanded the ship himself, (sive ipse NAVIS MAGISTER esset.) or employed a slave or any other person for that purpose, (navi prcejiceret,) was called navis EXER- C1TOR ; and an action lay against him (in eum competebat, erat, vel dabatur,) for the contracts made by the master of the ship, as well as by myself, called ACTIO EXERCITORIA. An action lay against a father or master of a family, for the con- tracts made by his son or slave, called actio, DE PECULIO, or ao tio De in rem verso, if the contract of the slave had turned to his master's profit; or actio JUSSU, if the contract had been made by the master's order. But the father or master was bound to make restitution, not to the entire amount of the contract, (non in solidum,) but to the extent of thepeculium, 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 actio TRIBUTO- RIA. An action also lay against a person in certain cases, where the contract was not expressed, but presumed by law, and therefore called Obligatio QUASI EX CONTRACTU; as when one, with- out any commission, managed the business of a person in his absence, or without his knowledge ; hence he was called NEGOTIORUM GESTOR, or voluntarius amicus, Cic. Cacin. 5. vel procurator, Cic, Brut. 4. 3. Penal Actions. Actions for a private wrong were of four kinds : EX FURTO, RAP1NA, DAMNO, INJURIA; for theft, robbery, damage, and personal injury. I. The different punishments of thefts were borrowed from the Athenians. By the laws of the Twelve Tables, a thief in the night- time might be put to death : Si nox (noctu) furtum faxit, sim (si eum) aliquis oocisit (occiderit) jure cesus esto : and also in the day-time, if he defended himself with a weapon : Si luci furtum faxit, sim aliquis endo (in) ipso furto capsit (ceperit), VERBE- RATOR, ILLIQUE. CUI FURTUM FACTUM ESCIT (trit) ADDICITOR, Gdl. 204 ROMAN ANTIQUITIES. xi. ult. but not without having first called out for assistance, (sed n nisi is, qui intcremturus erat, quiritaret, i.'e. clamaret, quirites, VOSTRAM FIDEM, SC. imphro, Vel PORRO QUIRITES.) The punishment of slaves was more severe. They were scourged and thrown from the Tarpeian rock. Slaves were so addicted to this crime, that they were anciently called fures ; hence, Virg. Eel. iii. 16. Quid domini faciant, audent cum talia fures! so Horut. Ep. i. 6. 46. and theft, servile probrum, Tacit, Hist. i. 48. But afterwards these punishments were mitigated by various laws, and by the edicts of the praetors. One caught in manifest theft (in FURTO MAN1FES I O), was obliged to restore fourfold, (quadruplem,) besides the thing stolen ; for the recovery of which there was a real action (yindicatio) 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 MANIFESTOS, and was punished by restoring double, Gell. xi. 18. When a thing stolen was, after much search, found in the posses- sion of any one, it was called Furtum conceptum, (See p. 165.) and by the law of the Twelve Tables was punished as manifest theft, Gell. ibid.; Inst. iv. 1. 4. but afterwards, as furtum nee manife stum. If a thief, to avoid detection, oilercfti things stolen (res furtwas vel furto ablatas) to any one to keep, and they were found in his possession, he had an act. on, called Actio furti oblati, against the person who gave him the things, whether it was the thief or another, lor the triple of their value, ibid. If any one hindered a person to search for stolen things, or did not exhibit them when found, actions were granted by the praetor against him, called Actiones furti prohibiti et non exhibiti ; in the last for double, Plaut. Pan. iii. 1. v. 61. What the penalty was in the first is uncertain. But in whatever manner theft was punished, it was always attended with infamy. 2. Robbery (RAPINA) took place only in moveable things, (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 severely punished. An action (actio vi bonorum raptorum) was granted by the prae- tor against the robber (in raptorem), only for fourfold, including what he had robbed. And there was no difference whether the rob- ber was a freeman or a slave ; only the proprietor of the slave was obliged, either to give him up, (eum noxa dedere,) or pay the damage (damnum prastare). 3. If any one slew the slave or beast of another, it was called DAMNUM INJURIA DATUM, i. e. dolo vel culpa nocentis ad- missum, whence actio vel judicium damni injuria, sc. dati; Cic. Rose. Com. 11. whereby he was obliged to repair the damage by the Aquillian law. Qui servum servamve. alienum alienamve. JUDICIAL PROCEEDINGS, &c. 203 QUADRUPEDEM Vel PECUDEM INJURIA OCCIDERIT, QUANTI ID IN EO anno plurimi fuit, (whatever its highest value was for that year,) tantum ms dare domino damnas esto. By the same law, there was an action against a person for hurting any thing that belonged 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, on account of the same crime, a praetorian action for double even against a person who confessed, /. 5. § 2. ibid. 4. Personal in.unes or affronts (INJURIA) respected either the body, the dignity, or character of individuals. — They were various- ly punished, at different periods of the republic. By the Twelve Tables, smaller injuries {injuries, leviores) were punished with a fine of twenty-live 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 membrum rupsit, i. e. ruperit.) he was punished by retaliation, (talione.) if the person in- jured would not accept of any other satisfaction. (See p. 161.) If he only dislocated or broke a bone, qui os ex genitali (i. e. ex loco ubi gignitur.) fudit, he paid 300 asses, if the sutferer was a freeman, and 150, if a slave, Gell. xx. 1. If any one slandered another by defamatory verses, (si quis aliquem publice diffamasset, cique adversus bonos mores convicium fecisset, affronted him, vel carmen famosum in eum condidisset,) he was beaten with a club, Hor. Sat. ii. 1. v. 82. Ep. ii. 1. v. 154. Cornut. ad Pers. Sat. 1. as some say, to death, Cic. apud Augustin. de civil. Dei. ii. 9. & 12. But these iaws gradually feil into disuse, Gell. xx. 1. and by the edicts of the praetor, an actton was granted on account of all per- sonal 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 insufficient to check licentiousness and inso- lence, Sulla made a new law concerning injuries, by which, not only a civil action, but also a criminal prosecution, was appointed for certain injuries, with the punishment of exile, or working; in the mines. Tiberius ordered one who had written defamatory verses against him to be thrown from the Tarpeian rock, Dio. lvii. 22. An action might also be instituted against a person for an injury done by those under his power, which was called ACTIO NOXA- LIS; 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, insciente domixo, furtum FAXIT, noxiamve noxit, (nocucrit, i.e. damnum fecerit,) nox^e deditor:) And so if a beast did any damage, the owner was obliged to offer a compensation, or give up the beast; (si quadrupes pauperiem (damnum) faxit, domixus noxje jestimiam (damni cestimalionem) offerto : si nolit, quod noxit dato.) There was no action for ingratitude, (actio ingrati) as among the Macedonians, or rather Persians ; because, says Seneca, all the courts at Rome, (omnia fora, sc. tria, de Ir. ii. 9.) would scarcely 206 ROMAN ANTIQUITIES. have been sufficient for trying it, Senec. Bene/, iii. 6. He adds a better reason ; quia hoc crimen in legem cadere non debet, c. 7. 4. Mixed and Arbitrary* Actions. Actions by which one sued for a thing, (rem persequebatur,) were called Actiones rei persecutors; but actions merely for a penalty or punishment, were called PCENALES; for both, mixtje. Actions in which the judge was obliged to determine strictly, ac- cording to the convention of parties, were called Actiones STRIC- Tl- JURIS : actions which were determined by the rules of equity, (ex cequo et bono,) were called ARBITRARY, or BONiE FIDEL In the former a certain thing, or the performance of a certain thing, (certa prcestatio,) was required; a sponsio was made, and the judge was restricted to a certain form ; in the latter, the contrary of all this was the case. Hence, in the form of actions bonce Jidei about contracts, these words were added, Ex bona fide; in those trusts caiied fiducicc, Ut inter bonos BENE agier oportet, et sine fraudatione ; and in a question about recovering a wife's portion after a divorce, (in arbitrio rei uxoriaz,) and in all arbitrary actions, Quantum vel quid mq.vivs, melius, Cic. de Offic. iii. 14. Q. Rose. 4. Topic. 17. IV. Different Kinds of Judges ; JUDICES, ARBITBJ, RE- CUPERATORES, et CENTUMVIRL After the form of the writ was made out, (concepta actionis in- tentione,) and shown to the defendant, the plaintiff requested of the prastor to appoint one person or more "to judge of it, (judicem vel judicium in earn a prcetore postulabat.) If he only asked one, he asked a judex, properly so called, or an arbiter: If he asked more than one, (judicium,) he asked either those who were called Recu- peratores 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 ob- liged to determine according to an express law or a certain form prescribed to him by the p rag tor. 2. An ARBITER judged in those causes which were called bona jidei, and arbitrary, and was not restricted by any law or form, (totius rei arbitrium habuit et potestatem; he determined what seem- ed equitable in a thing not sufficiently detined by law, Festus,) Cic* pro Rose. Com. 4. 5. Off. iii. 16. Topic. 10. Senec. de Benef. iii. 3. 7. Hence he is called HONORARIUS, Cic. Tusc. v. 41. de Fato, 17. Ad arbitrum vel judicem ire, adire, confugere, Cic. pro Rose. Com. 4. arbitrum sumere^ ibid, capere, Ter. Heaut. iii. 1. 94. Adelph. i. 2. 43. Arbitrum adigere. i. e. ad arbitrum agere vel co- gere, to force one to submit to an arbitration. Cic. Off. iii. 16. Top* 10. Ad arbitrum vocare vel appelere, Plaut. Rud. iv. 3. 99. 104. Ad vel atud judicem, agere, experiri, litegare, petere. But arbiter axi& judex, arbitrium and judicium, are sometimes confounded, Ck. ^ JUDICIAL PROCEEDINGS, &c. 207 Rose. Com. 4. 9. Am. 39. Mur. 12. Quint. 3. Arbiter is also some- times put for testis, Flqcc. 36. Sallust. Cat. 20. Liv. ii. 4. or the master or director of a feast, arbiter bibendi, Hor. Od. ii. 7. 23. arbiter Adrice, ruler, Id. i. 3. maris, having a prospect of, Id. Epist. i. 11.26. A person chosen by two parties by compromise (ex compromisso), to determine a difference without the appointment of the prsetor, was also called arbiter, but more properly Compromissarius. 3. RECUPERATORES were so called, because by them every one recovered his own, Theophil. ad Inst. This name at first was given to those who judged between the Roman people and foreign states, about recovering and restoring private things, Festus in re- ciperatio, reprisal ; and hence it was transferred to those judges who were appointed by the praetor for a similar purpose in private controversies, Plaut. Bacch. ii. 3. v. 36. Cic. in Casein. 1. &c. C&cil. 17. But afterwards they judged also about other matters, Liv.xxvl. 48. Suet. Mr. 17. Domit. 8. Gell. xx. 1. They were chosen from Roman citizens at large, according to some, but more properly, ac- cording to others, from the judices selecti, (ex albo judicum, from the list of judges,) Plin. Ep. iii. 20. and in some cases only from the senate, Liv. xliii. 2. So in the provinces (ex conventu Romanorum civium, i. e. ex Romanis civibus qui juris et judiciorum causa in cer- tum locum convenire solebant. See p. 142,) Cic. Verr.W. 13. v. 5. 36. 59. 69. Cces. de bell. Civ. ii. 20. 36. iii. 21. 29. where they seem to have judged the same causes as the Centumviri at Rome, Cic. Verr. iii. 11. 13. 28. 59. A trial before the Recuperatores, was called Judicium recuperatorium, Cic. de Invent, ii. 20. Suet. Ves- pas. 3. cum aliquo recuperatores sumere, vel eum ad recuperatores adducere, to bring one to such a trial, Liv. xliii. 2. 4. CENTUMVIRI were judges chosen from the thirty-five tribes, three from each; so that properly there were 105, but they were always named by a round number, Centumviri, Festus. The cau- ses which came before them (causce centumvirales) are enumerated by Cicero, de Orat. i. 38. They seem to have been first instituted soon after the creation of the praetor Peregrinus. They judged chiefly concerning testaments and inheritances. Cic. ibid.— pro Ca- cin. 18. Valer.Max. vii. 7. Quinctil. iv. 7. Plin. iv. 8. 32. After the time of Augustus they formed the council of the praetor, and judged in the most important causes. Tacit, de Orat. 38. whence trials before them (JUD1CIA CENTUMVIRALIA,) are some, times distinguished from private trials, Plin. Ep. 1.18. vi. 4. 33. Quinctil. iv. 1. v. 10. but these were not criminal trials, as some" have thought, Suet. Vesp. 10. for in a certain sense all trials were public, (judicia publica), Cic. pro Arch. 2. The number of the Centumviri was increased to 180, and they were divided into four councils, Plin. Ep. i. 18. iv. 24. vi. 33. Quinctil. xii. 5. Hence Quadruplex Judicium, is the same as centumvibale, ibid, sometimes only into two, Quinctil. v. 2. xi. 1. 208 ROMAN ANTIQUITIES. and sometimes in important causes they judged altogether, Valer. Max. vii. 8. 1. Plin. Ep. vi. 33. A cause before the Centumviri could not be adjourned, Plin. Ep. i. 18. Ten men (DECEMVIRI) See p. 131. were appointed, five se- nators and five e juites, to assemble these councils, and preside in them in the absence of the praetor, Suet. Aug. 36. Trials before the centumviri were usually held in the Basilica Ju- lia, Plin. Ep. ii. 24. Quintil. xii. 5. sometimes in the Forum. They had a spear set upright before them, Quintil. v. 2. Hence judici- um hasted, for centumvirale, Valer. Max. vii. 8. 4. Centumviralem hastam cogere, to assemble the courts of the Centumviri, and pre- side in them, Suet, Aug. 36. So Centum gravis hasta virorum, Mart. Epig. vii. 62. Cessat centeni moderatrix judicis hasta, Stat. Sylv. iv. 4. 43. The centumviri continued to act as judges for a whole year, but the other judices only till the particular cause was determined, for which they were appointed. The DECEMVIRI also judged in certain causes. Cic. Ccecin. 33. Dom. 29. and it is thought that in particular cases they previously took cognizance of the causes which were to come before the cen- tumviri, and their decisions were called Pr^judicia, Sigonius de Judic. V. The APPOINTMENT of a JUDGE or JUDGES. Of the above-mentioned judges, the plaintiff proposed to the de- fendant (adversario ferebat), such judge or judges as he thought proper according to the words of the sponsio, ni ita esset : Hence judicem vel -es ferre alicui, ni ita esset, to undertake to prove before a judge, or jury, that it was so, Liv. iii. 24. 57. viii. 33. Cic. Quint. 15. de Orat. ii. Q5. and asked that the defendant would be content with the judge or judges whom he named, and not ask another, (ne ahum procaret, i. e. posceret, Festus.) If he ap- proved, then the judge was said to be agreed on, convenire, Cic. pro Q. Rose. 15. Cluent. 43. Valer. Max. ii. 8. 2. and the plaintiff requested of the praetor to appoint him, in these words, Pr^tor, JUDICEM ARBITRUMVE POSTULO, UT DES IN DIEM TERTIUM SIVE PE- rendinum, Cic. pro Mur. 12. Valer. Prob. in Notis, and in the same manner recuperator es were asked, Cic. Verr. ii). 58. hence judices dare, to appoint one to take his trial before the ordinary judices, Plin. Ep. iv. 9. But centumviri were not asked, unless both par- ties subscribed to them, Plin. Ep. v. 1. If the defendant disapproved of the judge proposed by the plain- tiff, he said, Hunc ejero vel nolo, Cic. de Orat. ii. 70. Plin. Paneg. 36. Sometimes the plaintiff desired the defendant to name the judge, (ut judicem diceret.) Liv. iii. 56. The judge or judges agreed on by the parties, were appointed (Dabantur vel addicebantur,) by, the praetor with a certain form answering to the nature of the action. In these forms the praetor JUDICIAL PROCEEDINGS, kc. 209 always used the words, SI PARET, i. e. apparet ; thus, C. Ac- QUILLI ; JUDEX ESTO, Si PARET, FUNDUM CAPENATEM, DE QUO SeR- VILIUS AGIT CUM CaTULO, SeRVILII ESSE EX JURE QUIRITIUM, NE- que is Servilio a Catulo restituatur, tum Catulum condem- na. But if the defendant made an exception, it was added to the form, thus : Extra quam si testamentum prodatur, quo appa- reat Catuli esse. If the praetor refused to admit the exception, an appeal might be made to the tribunes, Cic. Acad, Quasi, iv. 30. The praetor, if he thought proper, might appoint different judges from those chosen by the parties, although he seldom did so ; and no one could refuse to act as & judex, when required, without a just cause, Suet. Claud. 15. Plin. Ep. iii. 20. x. 66. The praetor next prescribed the number of witnesses to be called, (quibus denunciaretur testimonium,) which commonly did not exceed ten. Then the parties, or their agents (PROCURATORES), gave security (satisdabant) that what was decreed should be paid, and the sentence of the judge held ratified, (Judicatum solvi et rem ratam haberi.) In arbitrary causes a sum of money was deposited by both parties, called COMPROMISSUM, Cic. pro Rose. Com. 4. Verr. ii. 27. ad Q. Fratr. ii. 15. which word is also used for a mutual agreement, Cic. Fam. xii. 30. In a personal action the procuratores only gave security ; those of the plaintiff, to stand to the sentence of the judge ; and those of the defendant, to pay what was decreed, Cic. Quint. 7. Att. xvi. 15. In certain actions the plaintiff gave security to the defendant, that no more demands should be made upon him on the same account, (eo nomine a se neminem amplius vel postea petiturum,) Cic. Brut. 5. Rose. Com. 12. Fam. xiii. 29. After this followed the LITIS CONTESTATIO, or a short nar- ration of the cause by both parties, corroborated by the testimony of witnesses, Cic. Att. xvi. 15. Rose, Com. 11. 12. 18. Festus ; Ma- crob. Sat. iii. 9. The things done in court before the appointment of the judices, were properly said in jure fieri, after that, in judicio ; but this distinction is not always observed. After the judex or judices were appointed, the parties warned each other to attend the third day after, (inter se in perendinum diem, ut ad judicium venirent, denunciabant,) which was called COMPE- RENDINATIO, or condictio, Ascon. in Cic. — Festus; Gell. xiv. 2. But in a cause with a foreigner, the day was called DIES STATUS, Macrob. Sat. i. 16. Status condictus cum hoste, (i. e. cum peregrino, Cic, Off. i. 32.) dies. Plaut. Cure. i. 1. 5. Gell. xvi. 4. VI. The MANNER of conducting a TRIAL. When the day came, the trial proceeded, unless the judge, or some of the parties, was absent from a necessary cause, (ex morbo 27 210 ROMAN ANTIQUITlLa.. vel causa sontica, Festus,) in which case the day was put off, diffis sus est, i. e. prolatus, Gell. xiv. 2.) If the judge was present, he first took an oath that he would judge according to law, according to the best of his judgment, (Ex animi sententia,) Cic, Acad, Q. 47. at the altar, (aram tenens, Cic. Flacc. 36.) called PUTEAL LIBONIS, or Scribonianum, because that place being struck with thunder, (fulmine attactus,) had been ex- piated (procuratus) by Scribonius Libo, who raised over it a stone covering (suggestum lapideum cavum), the covering of a well, (putei operculum, vel puteal,) open at the top, (superne apertum, Festus,) in the Forum ; near which the tribunal of the praetor used to be, Horat. Sat, ii. 6. v, 35. Ep. i. 19. 8. and where the usurers met, Cic, Sext, 8. Ovid, de Re?n, Am, 561. It appears to have been dif- ferent from the Puteal, under which the whetstone and razor of At- tius 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 their right hand, saying, Si sciens fallo, tum me Diespiter, salva ur* BE ARCEQUE, BONIS EJICIAT, UT EGO HUNC LAPIDEM, FestllS in LAPIS. Hence Jovem lapidtm jurare, for per Jovem et lapidem, Cic. Fam. v ii. 1. 12. Liv. xxi. 45. xxii. 53. Gell. i.21. The formula of taking an oath we have in Plant, Rud, v. 2. 45. &c. and an account of dif- ferent forms, Cic, Acad, iv. 47. The most solemn oath of the Ro- mans was by their faith or honour, Dionys, ix. 10. 8. 48. xi. 54. The judex or judices after having sworn, took their seats in the subsellia, (quasi ad pedes pr, plebis, omissa mulctcz certatione, rei capitalis Posthumio dixerunt,) Liv. xxv. 4. On the third market-day, the accuser again repeated his charge ; and the criminal, or an advocate (patronus) for him, was permitted to make his defence, in which every thing was introduced which could serve to gain the favour of the people, or move their compas- sion, Cic. pro Rabir. Liv.in, 12. 58. Then the Comitia were summoned against a certain day, in which the people, by their suffrages, should determine the fate of the cri- minal. If the punishment proposed was only a fine, and a tribune the accuser, he could summon the Comitia Tributa himself; but if the trial was capital, he asked a day for the Comitia Centuriata from the consul, or in his absence, from the praetor, Liv. xxvi. 3. xliii. 16. In a capital trial, the people were called to the Comitia by a trumpet, (classico,) Seneca de Ira, i. 16. The criminal and his friends in the meantime used every method to induce the accuser to drop his accusation, (accusatione desistere.) If he did so, he appeared in the assembly of the people, and said, SEMPRONIUM NIHIL MOROR, Liv. iv. 42. vi. 5. If this could not be effected, the usual arts were, tried to prevent the people from voting, (see. p. 84.) or to move their compassion, Liv. vi. 20. xliii. 16. Gell. iii. 4. . The criminal, laying aside his usual robe, (toga alba) put on a sordid, i. e. a ragged and old gown, (sordidam et obsoletam) Liv. ii. Gl. Cic. Verr. i. 58. not a mourning one (pullam vel atram), as some have thought ; and in this garb went round and supplicated the citizens ; whence sordes or squalor, is put for guilt; and sordi- dati or squalidi, for criminals. 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 the equites, and many young noblemen of their own accord, (privato consensu,) but the whole senate, by public consent, (publico consilio,) changed their habit (veslem mutabant) on his account, ibid. 11. 12. which, he bit- terly 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. 87.) Liv. xxv. 4. If any thing prevented the people from voting on the day of the Comitia, the criminal was discharged, and the trial could not again be resumed, (si qua res ilium diem aut auspiciis aut excusaiione sus- tulit, tota causa judiciumque sublaium est.) Cic. pro Dom. 17. Thus Metellus Celer saved Rabirius from being condemned, who was ac- cused of the murder of Saturninus forty years after it happened, Cic. pro Rabir. by pulling down the standard which used to be set up in the Janiculum, (see p. 80.) and thus dissolving the assembly, Did xxxvii. 27. If the criminal was absent on the last day of his trial, when cited by the herald, he anciently used to be called by the sound of a trum- JUDICIAL PROCEEDINGS, &c. 217 pet, before the door of his house, from the citadel, and round the walls of the city, Varr. de Lat. Ling, v. 9. If still he did not ap- pear, he was banished, (exilium ei sciscebatur ;) or if he fled the country through fear, his banishment was confirmed by the Comitia Tributa. See p. 92. II. CRIMINAL TRIALS before the INQUISITORS. Inquisitors (qu^sitores) were persons invested with a tempo- rary authority to try particular crimes. They were created first by the kings ; Liv. i. 26. then by the people, usually in the Comitia Tributa; iv. 51. xxxviii. 54. and sometimes by the senate; ix. 26. xliii. 2. In the trial of Rabirius, they were, contrary to custom, appointed by the praetor, Dio. 37. 27. Suet. Cces. 12. Their number varied. Two were usually created, (DUUM- VIRI,). Liu. vi. 20. sometimes three, Sallust. Jug. 40. and some- times only one, Ascon, in Cic, pro Mil, Their authority ceased when the trial was over, (see p. 113.) The ordinary magistrates were most frequently appointed to be inquisitors ; 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, Cces. 11. Dio. xxxvii. 27. Hence Deferre judicium a subselliis in rost?'a, i. e. a judicibus ad populum, Cic. Cluent. 6. Inquisitors had the same authority, and seem to have conducted trials with the same formalities and attendants, as the praetors did after the institution of the Qucestiones perpetu&. To the office of Quasitores Virgil alludes, JLn. vi. 432. Ascon. in action, in Verr, CRIMINAL TRIALS before the PRMTORS. The praetors at first judged only in civil causes ; and only two of them in these, the praetors Urbanus and Peregrinus. The other praetors were sent to govern provinces. All criminal trials of im- portance were held by inquisitors created on purpose. Rut after the institution of the Qucestiones perpetuce, A. U. 604. all the praetors remained in the city during the time of their office. After their election, they determined by lot their different jurisdic- tions. Two of them took cognizance of private causes, as formerly, and the rest presided at criminal trials ; one at trials concerning extor- tion ; another at trials concerning bribery, &c. Sometimes there were two praetors for holding trials concerning one crime ; as, on account of the multitude of criminals, concerning violence. Cic. pro Cluent. 53. Sometimes one praetor presided at trials concern- ing two different crimes, Cic. pro Ccel. 1 3. And sometimes the Prae- tor Peregrinus held criminal trials ; as, concerning extortion, Ascon* in Cic. in tog. cand. 2 ; so also, according to some, the praetor Ur- banus, The praetor was assisted in trials of importance by a council of select 28 2 IB ROMAN ANTIQUITIES. judices or jurymen ; the chief of whom was called JUDEX QUiEb- TIONIS, or Princeps judicum, Cic. et Ascon. Some have thought this person the same with the prcetor or qucesitor; but they were quite different; Cic, pro Cluent. 27. 33. 58. in Verr. i. 61. Quinctil. viii. 3. The judex qucestionis supplied the place of the praetor when ab- sent, or too much engaged. 1. The Choice of the JUDICES or Jury. The JUDICES were at first chosen only from the senators ; then, by the Sempronian law of C. Gracchus, only from the equites ; af- terwards by the Servilian law of Caepio, from both orders ; then, by the Glaucian law, only from the equites ; by the Livian law of Dru- sus, from the senators and equites : But the laws of Drusus being soon after set aside by a decree of the senate, the right of judging was again restored to the equites alone : Then, by the Plautian law of Silvanus, the judices were chosen from the senators and equites, and some of them also from the plebeians ; then by the Cornelian Jaw of Sylla, only from the senators ; by the Aurelian law of Cotta, from the senators, the equites, and tribuni cerarii ; by the Julian law of Caesar, only from the senators and equites ; and by the law of Anto- ny, also from the officers of the army. See Manutius de legg : for Sigonius, and Heineccius, who copies him, give a wrong account of this matter. The number of the judices was different at different times ; By the law of Gracchus, 300 ; of Servilius, 450; of Drusus, 600 ; ofPlau- tius, 525 ; of Sylla and Cotta, 300 ; as it is thought from Cic. Fam. viii. 8. of Pompey, 360, Paterc. ii. 76. Under the emperors, the number of judices was greatly increased, Plin. xxxiii. 1. By the Servilian law, the age of the judices must be above thirty, and below sixty years. By other laws it was required, that they should be at leafct twenty -five, D. 4. 8. but Augustus ordered that judices might be chosen from the age of twenty, (a visesimo allegit,) Suet. Aug. 32. as the best commentators read the passage. Certain persons could not be chosen judices, either from some na- tural defect, as, the deaf, dumb, &c. or by custom, as, zuomen and slaves ; or by law, as those condemned upon trial of some infamous crime, {turpi etfamoso judicio, e.g. calumnice, pravaricationis, furti, *ui bonorum raptorum, injuriarum, de dolo malo, pro socio, mandati, tutelce, depositi, &c.) and, by the Julian law, those degraded from being senators ; which was not the case formerly, Cic. Cluent. 43. See p. 17. By the Pompeian law, the judices were chosen from persons of the highest fortune. The judices were annually chosen by the praetor Urbanus or Pfi- regrinus ; according to Dio Cassius, by the quaestors, xxxix. 7-. and their names written down in a list, (in aleum relata, vel albo de- scripta,) Suet. Tib. 51. Claud. 16. Domit. 8. Senec. de benef. iii. 7. Gell. xiv. 2. They swore to the laws, and that they would judge uprightly to the best of their knowledge, (de animi sententia.) The JUDICIAL PROCEEDINGS, &c. 219 judices were prohibited by Augustus from entering the house of any one, Dio. liv. 18. They sat by the praetor on benches, whence they were called his ASSESSORS ; or Consilium, Cic. Act. Verr. 10. and Consessores to one another, Cic. fin. ii. 19. Sen. de benef. iii. 7. Gell. xiv. 2. The judices were divided into DECURIiE, according to their different orders ; thus, Decuria senatoria judicum, Cic. pro Clu- ent. 37. tertia, Phil. 1. 8. Verr. ii. 32. Augustus added a fourth de- curia, Suet. 32. Plin. xxxiii. 7. (because there were three before, either by the law of Antony, or of Cotta,) consisting of persons of an inferior fortune, who were called DUCENARII, because they had only 200,000 sesterces, the half of the estate of an eques, and judged in lesser causes. Caligula added a fifth decuria, Suet. 16. Plin. xxxiii. 1. s. 8. Galba refused to add a sixth decuria, al- though strongly urged by many to do it, Suet, 14. The office of a judex was attended with trouble, Cic. in Verr. i. 8. and therefore, in the time of Augustus, people declined it ; but not so afterwards, when their number was greatly increased, Suet, ct Plin. ibid. ' 2. The Accuser in a Criminal Trial. Any Roman citizen might accuse another before the praetor. But it was reckoned dishonourable to become an accuser, unless for the sake of the republic, to defend a client, or to revenge a father's quarrel, Cic.de Off. ii. 14. Divinat. 20. Verr. ii. 47. Sometimes young noblemen undertook the prosecution of an obnoxious magis- trate, to recommend themselves to the notice of their fellow-citizens, Cic, pro Ccel. vii. 30. in Verr. i. 38. Suet. Jul. 4. Plutarch, in Lu- cullo, princ. If there was a competition between two or more persons,, who should be the accuser of any one, as between Cicero and Caecilius Judaeus, which of them should prosecute Verres, who had been pro- praetor of Sicily, for extortion, it was determined who should be preferred by a previous trial, called D1VINATIO ; because there was no question about facts, but the judices, without the help of witnesses, divined, as it were, what was fit to be done, Cic. divin. 20. Ascon in Cic. Gell. ii. 4. He who prevailed, acted as the prin-« cipal accuser, (ACCUSATOR :) those who joined in the accusa- tion, (causce vel accusationi subs crib eb ant ,) and assisted him, were called SUBSCRIPTORES, Cic. divin. 15. pro Mur. 24. Fam. viii. 8. ad Q. Fratr. iii. 4. hence subscribere judicium cum aliquo, to commence a suit against one, Plin. Ep. v. 1. It appears, however, there were public prosecutors of public crimes at Rome, Cic. pro Sex. Rose. 20. Plin. Epist. iii. 9. iv. 9. as in Greece, Cic. de Legg. iii. 47. Public informers or accusers (delatores publicorum criminum) were called QUADRUPLATORES, Cic. Verr. ii. 8. 9. either be- cause they received as a reward the fourth part of the criminal's effects, or of the fine imposed upon him : or. as others say, because 220 ROMAN ANTIQUITIES. they accused persons, who, upon conviction, used to be condemn - ed to pay fourfold, (quadrupli damnari ;) as those guilty of illegal usury, gaming, or the like, Cic. in Ccecil. 7. & 22. et ib Ascon. Pan- lus apud Festum, Tacit. Annal. iv. 20. But mercenary and false accusers (calumniatores) chiefly were called by this name, Cic. Verr. ii. 7. 8. & 9. Plant. Pers. i. 2. 10. and also those judges, who making themselves parties in a cause, decided in their own favour, (qui in suam rem litem verterent ; interceptores litis alienee, qui sibi controversiosam adjudicarent rem.) Liv. iii. 72. Cic. Caecin. 23. Seneca calls those who for small favours sought great returns, Qua- druplatores benejiciorum suorum, overrating or overvaluing them, de bene/, vii. 25. 3. Manner of Making the Accusation. The accuser summoned the person accused to court, (in jus vo- cabat,) where he desired (postulabat) of the inquisitor that he might be allowed to produce his charge, (nomen deferred) and that the prae- tor would name a day for that purpose, Cic. Fam. viii. 6. Hence Postulare aliquem de crimine, to accuse ; libellus postulatio- num, a writing containing the several articles of a charge, a libel, Plin. Ep. x. 85. This postulatio or request was sometimes made in the absence of the defendant, Cic. adfratr. iii. 1. 5. There were certain days on which the praetor attended to these requests, when he was said Pos- tulationibus vacare, Plin. Epist. vii. 33. On the day appointed, both parties being present, the accuser first took (concipiebat) a solemn oath, that he did not accuse from ma- lice, (calumnium jurabat,) and then the charge was made (delatio nominis jiebat) in a set form : thus, DICO vel AIO, te in pr^tura SPOLIASSE SICULOS CONTRA LEGEM ( 'ORNELIAM, ATQUE EO NOMINE SESTERTIUM MILLIES A TE REPETO, ClC . Divin. 5. If the criminal was silent or confessed, an estimate of damages was made out (lis ei vel ejus astimabatur), and the affair was ended ; but if he denied, the accuser requested (postulavit) that his name might be entered in the roll of criminals, (ut nomen inter reos red- pereter, i. e. ut in tabulam inter reos referreter,) and thus he was ^aid REUMyacere, lege v. legibus interrogarc, postulare: MULC- TAM aut poznam petere et repetere. These are equivalent to nomen deferre, and different from accusare, which properly signifies to sub- stantiate or prove the charge ; the same with causam agere, and op- posed to defender e, Quinctilian, v. 13. 3. Cic. Cash 3. Dio. xxxix. 7. Digest, /. 10. de jure patron. If the praetor allowed his name to be enrolled, (for he might re- fuse it, Cic. Fam. viii. 8.) then the accuser delivered to the praetor a scroll or tablet, (LIBELLUS,) accurately written, mentioning the name of the defendant, his crime, and every circumstance rela- ting to the crime ; which the accuser subscribed, Plin. Ep. i. 20. v . 1. or another for him, if he could not write ; at the same time finding himself to submit to a certain punishment or fine, if he did JUDICIAL PROCEEDINGS, kc. 221 not prosecute or prove his charge ; (cavehat se in crimine persevera- turum usque ad sententiam.) There were certain crimes which were admitted to be tried in pre- ference to others, (extra ordinem,) as, concerning violence or murder, Plin, Ep, iii. 9. And sometimes the accused brought a counter charge of this kind against his accuser, to prevent his own trial, Cic. Fam. viii. 8. Dio. xxxix. 18. Then the praetor appointed a certain day for the trial, usually the tenth day after, Cic. ad Q.Fratr. ii. 13. Ascon. in Cornel.- Some- times the 30th, as by the Licinian and Julian laws, Cic. in Fat. 14. But in trials for extortion, the accuser required a longer interval. Thus Cicero was allowed 110 days, that he might go to Sicily in order to examine witnesses, and collect facts to support his indict- ment against Verres, although he accomplished it in fifty days, As- con, in loc. Cic. Verr. Act. prim. 2. In the mean time the person accused changed his dress, (See p. 32.) and sought out persons to defend his cause. Of defenders (DEFENSORES), Asconius mentions four kinds ; PATRONI vel oratores, who pleaded the cause; ADVOCATI, who assisted by their counsel and presence; (the proper meaning of the word, Liv. ii. 55.) PROCURATORES, who managed the bu- siness of a person in his absence : and COGNITORES, who de- fended the cause of a person when present, Ascon. in divin. in Cctcil. 4. Festus. Rut a cognitor might also defend the cause of a person when absent, Cic. Verr. 2. 43. Horat. Sat. ii. 5. v. 28. Cic. Rose, Com. 18. hence put for any defender, Liv. xxxix. 5. The procu~ ratores, however, and cognitores, were used only in private trials ; the patroni and advocati, also in public. Before the civil wars, one rarely employed more than four patrons or pleaders, but afterwards often twelve, Ascon. in Cic, pra Scaur. 4. Manner of conducting the Trial. On the day of trial, if the praetor could not attend, the matter was put off to another day. But if he was present, both the accuser and defendant were cited by a herald. If the defendant was absent, he was exiled. Thus Verres, after the first oration of Cicero aga'inst him, called actio prima, went into voluntary banishment; for the five last orations, called libri in Verrem, were never delivered, As- con. in Verr. Verres is said to have been afterwards restored by the influence of Cicero, Senec. Suas. vi. 6. and, what is remarkable, pe- rished together with Cicero in the proscription of Antony, on ac- count of his Corinthian vessels, which he would not part with to the Triumvir, Plin. xxxiv. 2. Lactant. ii. 4. If the accuser was absent, the name of the defendant was taken from the roll of criminals, (de reis exemptum est,) Ascon, in Cic. But if both were present, the judices or iury were first chosen, eitherbylotorbynaming,(^rSORTITIONEMre/ED!TIONEM,) according to the nature of the crime, and the law by which it was tried. If by lot, the prcetor or judex qucestionis put into an urn the 222 ROMAN ANTIQUITIES. names of all those who were appointed to be judices for that year. and then took out by chance (sorte educebat) the number which the law prescribed. After which the defendant and accuser were al- lowed to reject (rejicere) such as they did not approve,* and the prae- tor or judex qumstionis substituted (subsortiebatur) others in their room, till the legal number was completed, Cic, in Verr, Act, i. 7. As con, in Cic, Sometimes the law allowed the accuser and defendant to choose the judices ; in which case they were said Judices edere, and the judices were called EDIT1TI1, Cic, pro Murcen. 23. Plane, 15. 17. Thus by the Servilian law of Glaucia against extortion, the accuser was ordered to name from the whole number of judices an hundred, and from that hundred the defendant to choose fifty. By the Lici- nian law, de sodalitiis, the accuser was allowed to name the jury from the people at large, Cic, pro Plane. 1 7. The judices or jury being thus chosen, were cited by a herald. Those who could not attend, produced their excuse, which the prae- tor might sustain (accipere) or not, as he pleased, Cic, Phil, v. 5, When they were all assembled, they swore to the laws, and that they would judge uprightly, Cic. pro Rose, Am, 3. hence called Ju- rati homines, Cic, 1. Act, in Verr, 13. The praetor himself did not swear, ibid. 9. Then their names were marked down in a book, (libellis consignabantur,) and they took their seats, (subsellia occu- pabant,) Ascon. in Verr. act. i. 6. The trial now began, and the accuser proceeded to prove his charge, which he usually did in two actions, (duabus actionibus.) In the first action, he produced his evidence or proofs, and, in the se- cond, he enforced them. The proofs were of three kinds, the declaration of slaves extorted by torture, (QILESTIONES,) the testimony of free citizens, (TES- TES,) and writings, (TABULA.) 1 . QUjESTIONES. The slaves of the defendant were demand- ed by the prosecutor to be examined by torture in several trials, chiefly for murder and violence. But slaves could not be examined in this manner against their master's life, (in caput domini,) except in the case of incest, or a conspiracy against the state, Cic, Topic. 34. Mil. 22. Dejot. 1. Augustus, in order to elude this law, and sub- ject the slaves of the criminal to torture, ordered that they should be sold to the public, or to himself, Dio, lv. 5. Tiberius, to the public prosecutor; Mancipari publico actori jubet, Tacit. Annal. ii. 30. iii. 67. but the ancient law was afterwards restored by Adrian and the Antonines, D. xlviii. 18. de quatst. The slaves of others, also, were sometimes demanded to be ex- amined by torture ; but not without the consent of their master, and the accuser giving security, that if they were maimed or killed du- ring the torture, he would make up the damage, ibid. When slaves were examined by torture, they were stretched on a machine, called ECULEUS, or Equideus, having their legs and arms tied to it with ropes, (Jidiculis, Suet, Tib, 62. Cal, 33.) and JUDICIAL PROCEEDINGS, &c. 225 being raised upright, as if suspended on a cross, their members were distended by means of screws, (per coMeas,) sometimes till they were dislocated, (ut ossium compago resolveretur ;) hence Eculeo longior f actus, Senec. epist. 8. To increase the pain, plates of red hot iron, (lamincn candentes,) pincers, burning pitch, &c. were ap- plied to them. But some give a different 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 aiso sometimes 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. for no Ro- 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. lvii. 19. 2. TESTES. Free citizens gave their testimony upon oath, (jurati). The form of interrogating them was, Sexte Tempani^ QU.ERO ex te, arbitrerisne, C. Sempronium in tempore pugnam inisse? Liv. iv. 40. The witness answered, Arbitror vel non arbitror, Cic. Acad. iv. 47. pro Font. 9. Witnesses were either voluntary or involuntary, Quinctil. v. 7. 9. With regard to both, the prosecutor, (actor vel accusator) was said, Testes dare, adhibere, citare, colligere, edere, proferre, subornare, vel producere, Cic. Verr. i. 18. v. 63. Fin. ii. 19. Juvenal, xvi. 29. fcc. Testibus uti, Cic. Rose. Am. 36. With regard to the latter, us testimonium denuxciare, to summon them under a pe- nalty, as in England, and among us, by a writ called subpoena, Cic. ibid. 38. in Verr. i. 19. Invitos evocare, Plin. Ep. iii. 9. The prosecutor only was allowed to summon witnesses against their will, Quinctil. v. 7. 9. Plin. Ep. v. 20. vi. 5. and of these, a differ- ent number by different laws, Val. Max. viii. 1. Frontin, de limit. 5. usually no more than ten, D. de testib. Witnesses were said Testimonium dicere, dare, pe'rhibere, prm- bere, also pro testimonio audiri, Suet. Claud. 15. The phrase de- positiones testium, is not used by the classics, but only in the civil law. Those previously engaged to give evidence in favour of any one, were called Alligati, Cic. ad Fratr. ii. 3. Isidor. v. 23. if in- structed what to say, subornati, Cic. Rose. Com. 17. Plin. Ep. iii. 9. Persons might give evidence, although absent, by writing, (per tabulasj) but it was necessary that this should be done voluntarily, and before witnesses, (prozsentibus signatoribus,) Quinctil. v. 7. The character and condition of witnesses were particularly at- tended to, (diligenter expendebantur,) Cic. pro Flacc. 5. No one was obliged to be a witness against a near relation or friend, by the Julian law, /. 4. D. de Testib. and never (more majo* rum) in his own cause, (de re sua,) Cic. Rose. Am. 36. The witnesses of each party had particular benches in the Forum, on which they sat, Cic. pro Q. Rose. 13. Quinctil. v. 7. •22-4 ROMAN ANTIQUITIES. Great dexterity was shown in interrogating witnesses, Cic. pro Flacc. 10. Donat. in Teren. Eunuch, iv. 4s v. 33. Quinctil. v. 7. Persons of an infamous character were not admitted to give evi- dence (testes non adhibiti sunt,) and therefore were called INTES- TABILES. Plant. Curcul. i. 5. v. 30. Horat. Sat. ii. 3. v. 181. Gell. vi. 7. vii. 18. as those likewise were, who being once called as witnesses, (antestati, v. in testimonium adhibiti,) afterwards re- fused to give their testimony, Gell. xv. 13. Women anciently were not admitted as witnesses, Gell. vi. 7. but in after times they were, Cic. Verr. i. 37. a'se witness, by the law of the Twelve Tables, was thrown from the Tarpeian rock, Gell. xx. 1. but afterwards the punish- ment was arbitrary, /. 16. D. de Testib. et Sent. v. 25. § 2. except in war, where a false witness was beaten to death with sticks by his fellow-soldiers, Polyb. vi. 35. 3. TABULAE. By this name were called writings of every kind, which could be of use to prove the charge ; particularly account- books, (tabula, accepti et expensi,) letters, bills or bonds, (syngra- phce,) &c. In a trial for exto^ion, the account-books of the person accused were commonly sea ed up, and afterwards at the trial delivered to the judges for then ' ion, Cic. Verr. i. 23. 61. Balb. 5. The * ancient Romans used to make out their private accounts, (tabula* sc. accepti et expensi conficere vel domesticas rationes scribere,) and keep them with great care. They marked down the occurrences of each day first in a note-book, (adversaria, -orum,) which was kept only for a month, (menstrua erant;) and then transcribed them into what we call a Ledger, (codex vel tabulce,) 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 courts as evidences against him, Cic. Verr. i. 23. 39. Rose. Com. 2. Ccel. 7. Att. xii. 5. Tusc. v. 33. Suet. Cass. 47. The prosecutor having produced these different kinds of evidence, explained and enforced them in a speech, sometimes in two or more speeches, Cic. in Verr. Then the advocates of the criminal replied ; and their defence sometimes lasted for several days, Ascon. in Cic. pro Cornel. In the end of their speeches (in epilogo vel peroratione,) they tried to move the compassion of the judices, and for that pur- pose often introduced the children of the criminal, Cic. proSext. 69. In ancient times only one counsel was allowed to each side, Plin. Ep. i. 20. In certain causes, persons were brought to attest the character of the accused, called Laudatores, Cic. pro Balb. 18. Cluent. 69. Fam. i. 9. Fin. ii. 21. Su I. Aug. 56. If one could not produce at least ten of these, it was thought better to produce none, (qudm il- ium quasi legitimum numerum consuetudinis non explere,) Cic. Verr. v. 22. Their declaration, or that of the towns from which they came, was called LAUDATJO, ibid. 4- Fam. 3. 8. 6. which word JUDICIAL PROCEEDINGS, U. 225 commonly signifies a funeral oration delivered from the Rostra in praise of a person deceased, by some near relation, Cic. de Oral* ii. 84. Liv. v. 50. Suet, Cces. vi. 84. Aug. 101. Tib. 6. Tacit, AnnaL v. 1. xvi. 6. by an orator or chief magistrate, Plin. Ep. ii. 1. Each orator, when he finished, said D1X1 ; and when all the pleadings were ended, a herald called out, D1XERUNT, vel -ere, Ascon. in Cic. Donat. in Ter, Phorm. ii. 3. 90. #• sc, 4. Then the praetor sent the judices to give their verdict, (in consi- lium mittebat. ut sententiam ferrent vel dicerent.) Cic. Verr. i. 9. Cluent. 27. 30. upon which they rose and went to deliberate for a little among themselves, ibid. Sometimes they passed sentence (sententias ferebant) viva voce in open court, but usually by ballot. The praetor gave to each judex three tablets ; on one was written the letter C, for condemno, I condemn ; on another, the letter A, for absolvo, I acquit; and on a third, N. L. non liquet, sc. mihi, f am not clear, Cces, B. Civ. iii. 83. Each of the 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 cerarii, Cic. ad Q. Fratr. ii. 6. The praetor, having taken out and counted the ballots, pronounced sentence according to the opinion of the majority, (ex plurium sen- tential in a certain form. If a majority gave in the letter C, the praetor said Videtur fecisse, i, e, guilty, Cic. Verr. v. 6. Acad. iv. 47. If the letter A, Non videtur fecisse, i. e. not guilty. If N. L. the cause was deferred, (causa ampliata est.) Ascon. in Cic. The letter A was called LITERA SALUTARIS, and the tablet , on which it was marked, tabella absolutoria, Suet. Aug. 33. and C, litera TRISTIS, Cic. Mil. 6. the tablet, damnatoria, Suet. ibid. Among the Greeks, the condemning letter was ©, because it was the first letter of 0«»aTe?, death: hence called ?nortiferum, Martial, vii. 36. and nigrum, Pers. Sat. 4. v, 13. Their acquitting letter i- uncertain. It was anciently the custom to use white and black pebbles (la- pilli vel calculi) in voting at trials ; Mos erat antiquis niveis atrisque lapillis, His damnare reos, illis absolvere culpa, Ovid. Met. xv. 41. Hence causa paucorum calculorum, a cause of small importance, v here there were few judges to vote, Quinctil. viii. 3. 14. Omnis ulus immitem demittitur ater in urnam, i. e. he is condemned by iudges, Ovid. ibid. 44. Reportare calculum deteriorem, to be -ied ; meliorem, to be acquitted, Corp. Juris. — Errori album xm adjicere, to pardon or excuse, Plin. Ep. i. 2. To this Ho- is thought to allude, Sat. ii. 3. 246. Cretd an carbone notandi . ix e they to be approved or condemned ? and Persius, Sat. v. 108. but more probably to the Roman custom of marking in their kalen- dar unlucky days with black, (carbone. with charcoal ; whence die's atri for infausti,) and lucky days with white, (cretd vel crista nof?s, or Zw, being clearly de- rived from Zuu vivo, and the proper meaning then will be the father of life. Again, Jovis pater, another of the names by which this god is distinguished, is a compound word, the first part of which is com- monly found in the oblique cases only, and maybe derived from the Hebrew rwi, JAH or JEHOVAH, I am, or I am that lam; pointing out the self-sufficiency, immutability, eternity, and incomprehensi- bility of the Deity. From which it appears, that the name and at- tributes of the true God, perverted or misapprehended by tradition, have given occasion to the various characters and worship applied to Jupiter. 4. The Trinity of the Scriptures, which in itself is a mystery i n comprehensible by reason, has, in like manner, doubtless, given birth to the try ad of Plato, of the Persians, Indians, and other na- tions ; and the attempts to explain the doctrine of the Trinity, from principles of reason, have probably given rise to the immense mul- titude of heathen deities. 5. Others, with great appearance of reason, have derived the ori- * The parallel between Moses and BACCHUS, prosecuted in detail, is as follows: 1. Mi/sas, one of the names of BACCHUS, and Moses, both signify saved or drawn from the water. 2. BACCHUS, withhis Thyrsus or rod,fought against the Giants. — Moses contend- ed against the gaint Magicians, Jannes ^.ndjambres. 3. BACCHUS was brought up in Nysa, a City or Mountain in Arabia. — Moses re- ceived the Law on Mount Sinai in Arabia : these two names by transposition are the same. 4. BACCHUS was for some time secretly nursed by his aunt Ino,and afterwards de- livered to be brought up by the nymphs. — Moses was for a time secretly nursed by hia mother, afterwards exposed among the marshes formed by the Nile, taken up by the daughter of Pharaoh, and her Nymphs, and by her delivered to be nursed, and brought up by his mother. 5. BACCHUS collected a large army in Egypt, consisting of men, women, and children, and passed through the desert, in order to punish a wicked and rebellious nation. — Moses in like manner crossed the desert with tlve Israelites, composing a large body of 600,000 men, besides women and children, for the extirpation of an im- pious and idolatrous nation. 6. The youthful vigour of Moses was preserved by divine power. — The perpetual youth of BACCHUS wan constantly celebrated by the Poets. 7. BACCHUS'S faithful do°r was his constant companion in all his travel?. — Co the faithful companion of Moses, among other things, signifies a dog. RELIGION OF THE HEATHEN, & c . 233 gin of many of the heathen deities from the heavenly bodies ; which were first the subjects of admiration, and afterwards the objects of worship, on account of the extensive benefits derived from them to mankind. Thus PHCEBUS, frf/B«, otherwise called APOLLO, from 4>a><;, was the god of the sun, sometimes also called SOL. DIA- NA on earth, was LUNA in heaven. CASTOR and POLLUX, ANDROMEDA, and others, were stars, and TELL US, the god- dess of the earth. For the same reason, viz. for the benefits, real or supposed, to be derived from them to man, adoration was paid to the deities of rivers, lakes, fountains, &c. 6. Still further : ALLEGORY has been sometimes successfully applied to account for the worship of many of the heathen deities. Thus MATTER, and its various modifications, are supposed to have Ijeen contemplated, especially by the Pythagoreans, under the names and characters of various gods. Thus the SATURNUS of the Romans, who was the Seater of the Saxons, and Xpovos of the Greeks, are supposed to mean original matter, or the hidden secret state of matter, out of which all visible forms are generated, and into which they sink again : whence this deity is said to have devoured his own children ; and because this decay of forms is the work of time, he is called Xpovos. He is fabled to have been married to OPS, because matter when united to form become visible : and OPS is called the mother of Ihe gods, because the elements which they deified, were no objects of worship, till they were in a formed state, and became visible. In confirmation of this sentiment, the Saxon Idol Seater, was re- presented by symbols, expressive of this physiological character. PROTEUS, also, who had the faculty of transforming himself in- to all shapes, has been supposed to represent the same first or pri- mordial matter, which is capable of all forms. The SATYRS, whose name and signification are nearly allied to Saturn, are therefore said to have hid themselves in vXn, which is an equivocal term, and signi- fies either wood or matter. It may be remarked, though rather fo- reign to our purpose, that Woden or Goden, (the letters W. and G. being convertible, and frequently used the one for the other, as in GALLIA and WALLIA,) was one of the Saxon gods, the god of war, and in very high estimation among the ancient Ger- mans, and that our term for the Deity, viz. GOD, is borrowed from the Saxon, omitting the termination. The adjective, good may have the same etymology. We need not be surprised, therefore, to find that the gods of the Romans, hereafter mentioned, were very numerous : for they read- ily adopted the gods of the nations which they conquered ; and sometimes conveyed their statues or images, with great ceremony, and at a vast expense, from foreign parts. So pliable was the spi- rit of Polytheism, that the worship of different deities seldom occa- sioned any feuds or animosities among their devotees. The very idea of the existence of a multiplicity of gods, naturally 30 231 ROMAN ANTIQUITIES. relaxes the severity of religious sentiment ; the homage paid is mere- ly external ; it does not engage the heart ; and the mind, distracted by unlimited variety, and without any fixed and determinate object of worship, readily distributes a portion of its regard, to gratify the partiality of a neighbour or friend. For these reasons, although the senate considered themselves the guardians of the public religion, and particular officers, called cediles, were annually appointed, whose duty it was, among other things, to prevent the introduction of new gods, or of new religious ceremonies ; so loose were the religious principles of the Romans, that the intro- duction or rejection of foreign deities rarely excited any alarm, and never produced any dangerous commotion. The Christian system, on the contrary, not only because it com- bated their prejudices, and opposed the deep-rooted and favourite corruptions and passions of the human heart ; but because it nar- rowed the basis of religious homage, and condemned both the prin- ciples and practices of Pagan worship, raised the most violent re- sentment, and occasioned fierce and bloody persecutions. The Jewish religion, if its professors had not been despised for their obscurity, the smallness of their number, and their bigoted at- tachment to their own ceremonies, which were by these ignorant idolaters supposed to be either unnecessary, or ridiculous, would un- doubtedly have been attended with the same effects. RELIGION of the ROMANS. I. The GGJ)S whom they Worshipped. These were ver) numerous, and divided into Dii majorum gen- tium, and Minorum gentium, Cic. Tusc. i. 13. in allusion to the di- vision of senators. See p. 14. The DII MAJORUM GENTIUM were the great celestial dei- ties, and those called Dn Selecti. The great celestial deities were twelve in number : Dionys. vii. 72. 1. JUPITER, (Zeus n*T^ voc. Zev u. in the middle of which was the head of the Gorgon Medusa, a monster with snaky hair, which turned every one who looked at it into stone, ibid. There was a statue of Minerva, (PALLADIUM,) supposed to have fallen from heaven, which -was religiously kept in her temple by the Trojans, and stolen from thence by Ulysses and Diomedes. Tolerare colo vitam tenuique Minerva, i. e. lanijicio non qucestuoso, by spinning and weaving, which bring small profit, Virg. JEn. viii. 409. Invito, Minerva, i. e. adversante et repugnante naturd, against nature or natural genius, Cic. Off. i. 31. Agere aliquid pingui Mi- 7iervd, simply, bluntly, without art, Columell. 1. pr. 33. xii 1. 32. Abnormis sapiens, crassaque Minerva, a philosopher without ruled, and of strong rough common sense, Horat. Sat. ii. 2. Sus Miuervam, sc. docet, a proverb against a person, who pretends to teach those who are wiser than himself, or to teach a thing of which he himself 236 ROMAN ANTIQUITIES. is ignorant, Cic. Acad, i. 4. Festus. — Pallas is also put for oil, Ovid. Ep. xix. 44. because she is said first to have taught the use of it. 4. VESTA, the goddess of lire. Two of this name are mention- ed by the poets ; one the mother, and the other the daughter of Saturn, who are often confounded : But the latter chiefly was wor- shipped at Rome. In her sanctuary was supposed to be preserved the Palladium of Troy, {fatal e pignus imperii Romani,) Liv. xxvi. 27. and a lire kept continually burning by a number of virgins, call- ed the Vestal Virgins; brought by iEneas from Troy, Virg. JEn. ii. 297. hence hie locus es Vesta, qui Pallada servat et ignem, Ovid. Trist. iii. 1. 39. near which was the palace of Numa, ib. 40. Oral. Od. i. 2. 16. 5. CERES, the goddess of corn and husbandry, the sister of Ju- piter ; worshipped chiefly at Eleusis in Greece, and in Sicily : her sacred rites were kept very secret. — She is represented with her head crowned with ears of corn or poppies, and her robes falling down to her feet, holding a torch in her hand. She is said to have wandered over the whole earth with a torch in her hand, which she lighted at Mount iEtna : (Hinc Cereris sacris nunc quoque tceda da- tur, Ovid. Fast. iv. 494.) in quest of her daughter Proserpina, who was carried off by Pluto. PLUTUS, the god of riches, is sup- posed to be the son of Ceres. Ceres is called Legifera, the lawgiver, because laws were the ef- fect of husbandry, Plin. viii. 56. and Arcana, because her sacred rites were celebrated with great secrecy, Horat. Od. iii. 2. 27. and with torches; whence, et per tozdiferaz mystica sacra Dece, Ovid. Ep. ii. 42. particularly at Eleusis in Attica, (sacra Eleusinia,) from which, by the voice of a herald, the wicked were excluded ; and even Nero, while in Greece, dared not to profane them, Suet. Ner. 34. Whoever en- tered without being initiated, although ignorant of this prohibition, was put to death, Liv. xxxi. 14. Those initiated were called Mystje, Ovid. Fast. iv. 356. (a ^va>, premo,) whence mysierium. A preg- nant sow was sacrificed to Ceres, because that animal was hurtful to the corn fields, Ovid. Pont. ii. 9. 30. Met. xv. 111. And a fox was burnt to death at her sacred rites, with torches tied around it; because a fox wrapt round with stubble and hay set on fire, being let go by a boy, once burnt the growing corn of the people of Car- selli, a town of the iEqui, Ovid. Fast, iv, 681. to 712. as the foxes of Samson did the standing corn of the Philistines, Judg. xv. 4. Ceres is often put for corn or bread ; as, Sine Cerere et Baccho friget Venus, without bread and wine love grows cold, Tcrent. Eun. iv. 5. 6. Cic. Nat. D. ii. 23. 6. NEPTUNE, (a nando, Cic. Nat. D. ii. 26. vel quod mare terras obnubit. ut nubes cozlum; a nuptu, id est, opertionc; wide nup- tise, Varr. L. L. iv. 10.) the god of the sea, and brother of Jupiter; — represented with a trident in his right hand, and a dolphin in his left ; one of his feet resting on part of a ship : his aspect majestic and serene: Sometimes in a chariot drawn by sea-horses, with a fiiton on each side ; called jEgjeus, Virg. JEn* iii. 74. because wor- . RELIGION OF THE ROMANS. 237 shipped at iEgse, a town in the island of Eubaea, Homer, II. v. 20. Uterque Neptunus, the mare superum and inferum, on both sides of Italy : or Neptune who presides over both salt and fresh water, {li- quentibus stagnis mariquce salso,) Catull. xxix. 3. Neptunia arva vel regna, the sea, Virg. JEn. viii. 695. Neptunius dux, Sex. Pompei- us, Horat. Epod. ix. 7. who, from his power at sea, called himself the son of Neptune, Dio. xlviii. 19. Neptunia Pergama vel Troja, because its walls were said to have been built by Neptune and Apol- lo, Ovid. Fast. i. 5. 5. Virg. JEn. ii. 625. at the request of Laome- don, the father of Priam, who defrauded them of their promised hire, {pacta mercede destituit.) Horat. Od. hi. 3. 22. that is, he applied to that purpose, the money which he had vowed to their service, Sen;. in Virg. On which account Neptune was ever after hostile to the Trojans ; Virg. JEn. ii. 610. and also to the Romans, Id. G. i. 502. Apollo was afterwards reconciled by proper atonement ; being also offended at the Greeks for their treatment of Chryseis, the daughter of his priest Chryses, Serv. ib. whom Agamemnon made a captive, Ovid. Remed. Am. 469. Homer. II. i. The wife of Neptune was Amphitrite, sometimes put for the sea, Ovid. Met. i. 14. Besides Neptune, there were other sea-gods and goddesses ; Oce- anus, and his wife Tethys ; Nereus, and his wife Doris, the Nere- ides, Thetis, Doto, Galatea, &c. Triton, Proteus, Portumnus, the son of Matuta or Aurora and Glaucus, Ino, Palemon, &c. 7. VENUS, the goddess of love and beauty, said to have been produced from the foam of the sea, near the island Cythera ; hence called Cytherea, Horat. Od. i. 4. 5. Virg. JEn. ib. 128. Marina. Id. in. 26. 5. and by the Greeks, 'a^»^t?», ab ^/>os, spuma : according to others, the daughter of Jupiter and the nymph Dime ; hence called Dioncea mater, by her son JEneas, Virg. Mn. iii. 19. and hence Julius Cassar was called Dion&us ; as being descended from lulus, the son of iEneas, Id. Eel. ix. 47. Di nceo sub antro, under the cave of Venus, Horat. Od. ii. 1. 39. — the wife of Vulcan, but unfaithful to him, Ovid. Met. iv. 171. &c. worshipped chiefly at Pa- phos, Amdthus, -untis, and Idalia, v. -ium, in Cyprus ; at Eryx in Sicily, and at Cnidus in Caria ; hence called Cypri's, -idis, Dea Pa- phia ; Amathusia Venus, Tacit. Annal. iii. 62. Venus Idalia, Virg. Mi\. v. 760. and Erycina, Horat. Od. i. 2. 33. Cic. Verr. ii. 8. Regina Cnidia, Horat. Od. i. 30. 1. Venus Cnidia, Cic. Divin. i. 13. Verr. iv. 60. Alma decens, aurea. formosa, &c. also Cloacina or Cluacina, from cluere, anciently the same with luere or pur gar e, be- cause her temple was built in the place, where the Romans and Sa- bines, after laying aside their arms, and concluding an agreement, purified themselves, Plin. xv. 29. s. 36. Also supposed to be the same with Libitina, the goddess of funerals, Dionys. iv. 15. whom some make the same with Proserpine, Plutarch, in Nwna, 67. — often put for love, or the indulgence of it : Damnosa Venus, Ho- rat. Ep. i. 18. 21. Sera juvenum Venus, eoquc inexhausta pubertas, Tacit, de mor. Germ. 20. — for a mistress, Horat. Sat, i. 2. 11 9. — 4. 113. Virg. Ec. iii. 68. — for beautv, comeliness, or grace, Plaut 238 'ROMAN ANTIQUITIi Stick* ii. 1. 5. Tabulce pictcB Venus, vel Venustas, quam Grata ' %*ti?tt, vocant. Plin. xxxv. 10. s. 36. Dicendi veneres, the graces, Quinctil- ian, x. 1. Venerem habere, Senec. Benef. ii. 23. Cicero says there were more than one Venus, Nat. D. hi.* 23. (Venus dicta quod ad omnes res veniret ; atque ex ea venustas, Id. ii. 27. et Ve- nerii, i. e. servi Veneris, Id. Caecil. 17.) The tree most acceptable to Venus, was the myrtle, Virg. Eel. vii. 62. $r Serv. in loc. JEn. v. 72. hence she was called Myrtea, and by corruption Murcia, Plin. xv. 29.. s. 36. Plutarch, qucest. Rom. 20. Varr. L. L. iv. 32. Serv. in Virg. JEn. viii. 635. and the month most agreeable to her was April, because it produced flow- ers; hence called mensis Veneris, Horat. Od. iv. 11. 15. on the first day of which, the matrons, crowned with myrtle, used to bathe themselves in the Tiber, near the temple of Fortuna virilis, to whom they offered frankincense, that she would conceal their de- fects from their husbands, Ovid. Fast. iv. 139. &c. The attendants of Venus were her son CUPID ; or rather the Cupids, for there were many of them ; but the two most remarka- ble, were 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, Thalia, 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. — 30. 6. ii. 8. 13. Senec. Benef. 1. 3. 8. VULCANUS vel Mulciber, the god of fire, (Ignipotens, Virg. x. 243.) and of smiths ; the son of Jupiter and Juno, and husband of Venus : represented as a lame blacksmith, 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 workshop (officina) chiefly in Lem- nos, and in the iEolian or Lipari islands near Sicily, or in a cave of Mount JEtna. His workmen were the Cyclopes, giants with one eye in their forehead, who were usually employed in making thun- derbolts for Jupiter, Virg. JEn. viii. 416. &c. Hence Vulcan is represented in spring as eagerly lighting up the fires in their toil- some or strong-smelling workshops, (graves ardens urit officina s,) to provide plenty of thunderbolts for Jupiter to throw in summer, Ho- rat. Od. i. 4. 7. called avidus, greedy, Id. iii. 58. as Virgil calls ig- nis, fire, edax, from its devouring all things, JEn. ii. 758. some- times put for fire, ib. 311. v. 662. vii. 77. Horat. Sat. 15. 74. Plaut. Amph. i. 1. 185. called luteus, from its colour, Juvenal, x. 133. from luteumv. liitem, woad, the same with glasium, Caes. B. G. v. 14. which dies yellow; herba qua ccerxdium inficiunt, Vitruv. vii. 14. Plin. xxxiii. 5. s. 26. Croceo mutabit vellera luto, Virg. Eel. 44. In- teum ovi, the yolk of an egg, Plin. x. 53. or rather from lutum, clay, luteus, dirty. Cicero also mentions more than one Vulcan, Nat. D. iii. 22. as indeed he does in speaking of most of the gods. RELIGION OF THE ROMANS. 239 S. MARS or Manors, the god of war, and son of Juno ; worship- ped by the Thracians, Getae, and Scythians, and especially by the Romans, as the father of Romulus, their founder, called Gradivus^ (a gradiendo ;) Ovid, Fast. ii. 861. painted with a fierce aspect, riding in a chariot, or on horseback, with an helmet and a spear. Mars, when peaceable, was called Quirinus, Serv.in Virg. i. 296. BELLONA, the goddess of war, was the wife or sister of Mars, A round shield (ANCILE, quod ab omni parte recisum est, Ovid. Fast. iii. 377.) is said to have fallen from heaven, in the reign of Numa, supposed to be the shield of Mars ; which was kept with great care in his sanctuary, as a symbol of the perpetuity of the empire, by the priests of Mars, who wece called SALII ; and that it might not be stolen, eleven others were*made quite like it, (ancilia, -ium, vel -iorum.) The animals sacred to Mars were the horse, the wolf, and the woodpecker, (picus.) Mars is often, by a metonymy, put for war or the fortune of war; thus, JEquo, vario, dncipite, incerto Marte pug- natum est, with equal, various, doubtful success ; Mars communis, the uncertain events of war, Cic. Accendere Martem cantu, i. e. pug- nam vei milites ad pugnam tuba ciere ,* collato Marte et eminus pug- nare ; invadunt Martem clypeis, i.e. pugnam ineunt, Yirg. Mostro Marte aliquid peragere, by our own strength, without assistance, Cic. Verecundia erat, equitem suo alienoque Marte pugnare, on horseback and on foot, Liv. iii. 62. Valere Marte for ensi, to be a good pleader, Ovid. Pont. iv. 6. 39. Dicer e difficile est, quid Mars tuus egerit illic, i. e. bellica virtus, valour or courage, ib. 7. 45. Nostro Marte, by our army or soldiers, Horat. Od. iii. 5. 24. Altero Marte, in a se- cond battle, ib. 34. Mars tuus, your manner of fighting, Ovid. Art. Am. i. 212. Incur su gemini Martis, by land and sea, Lucan. vi. 269. 10. MERCURIUS, the son of Jupiter and Maia, the daughter of Atlas ; the messenger of Jupiter and of the gods ; the god of elo- quence ; the patron of merchants and of gain ; whence his name, (ac- cording to others,, quasi Medicurrius, quod medius inter deos et ho~ mines currebat ;) the inventor of the lyre and of the harp ; the pro- tector of poets, and men of genius, (Mercurialium virorum,) of musi- cians, wrestlers, &c. the conductor of souls or departed ghosts to their proper mansions ; also the god of ingenuity and of thieves, called Cyllenius, v. Cyllenia proles, from Cyllene, a mountain in Ar- cadia, on which he was born ; and Tegeceus, from Tegea, a city near it. The distinguishing attributes of Mercury are his P,etasus, or wing- ed cap ; the Talaria, or winged sandals for his feet ; and a Caduceus^ or wand (virga) with two serpents about it, in his hand ; sometimes as the god of merchants, he bears a purse, (marsupium,) Horat. i. 10. Virg. JEn. iv. 239. viii. 138. Images of Mercury (HERMiE trunci, shapeless posts with a mar- ble head of Mercury on them, Juvenal, viii. 53.) used to be erected where several roads met, (in compitis,) to point out the way ; on sepulchres, in the porches of temples and houses, &c. Ex quovis ligno nonfit Mercurius, every one cannot become a scholar. 240 ROMAN ANTIQUITIES. 1 1 . APOLLO, the son of Jupiter and Latona, born in the island Delos ; the god of poetry, music, medicine, augury, and archery ; called also Phoebus and Sol. He had oracles in many places : the chief was at Delphi in Phocis ; called by various names from the places where he was worshipped, Cynthius, from Cynthus, a moun- tain in Delos ; Patareics, or -ceus, from Patara, a city in Lycia; La- tous, son of Latona, Thymbrceus, Grynams, &c. also Pythius, from having slain the serpent, Python, (vela ^v$eT6att,quod consuhretur.) Apollo is usually represented as a beautiful beardless young man, w r ith long hair, (hence called intonsus et crinitus, Ovid. Trist. iii. 1. GO.) holding a bow and arrows in his right hand, and in his left hand a lyre or harp. He is crooned with laurel, which was sacred to him, as were the hawk and raven among the birds. The son of APOLLO was jESCULAPIUS, the god of physic, worshipped formerly at Epidaurus in Jlrgolis, under the form of a serpent, or leaning on a staff, round which a serpent was entwined : — represented as an old man, with a long beard, dressed in a loose robe, with a staff in his hand. Connected with Apollo and Minerva were the nine MUSES; said to be the daughters of Jupiter and Mnemosyne or memory ; Hope, the muse of heroic poetry ; Clio, of history ; Melpomene, of trage- dy ; Thalia, of comedy and pastorals ; Erato, of love-songs and hymns ; Euterpe, of playing on the flute ; Terpsichore, of the harp ; Polyhymnia, of gesture and delivery, also of the three-stringed in- strument called Barbitos, vel -on; an^ Urania, of astronomy 5 Auson. Eidyll. 20. Diodor. iv. 7. Phornutus de Natura Deorum. The Muses frequented the mountains Parnassus, Helicon, Pierus, &c. the fountains Castalius, Aganippe, or Hypocrene, &c. ; whence they had various names, Heliconides, Pamassides, Pierides, Castali- des, Tiiespiddes, Pempliades. 12. DIANA, the sister of Apollo, goddess of the woods and of hunting; called Diana on earth, Luna in heaven, and Hecate in hell : hence tergemina, diva triformis, Tria virginis ora Diana, Virg. iEn. iv. 52. Also Luchia, Illithya, et Genitalis seu Genetyllis ; because she assisted women in child-birth ; Noctiluca, and siderum regina, Horat. Trivia, from her statues standing where three ways met. Diana is represented as a tall beautiful virgin, with a quiver on her shoulder, and a javelin or bow in her right hand, chasing deer or other animals. These twelve deities were called Consentes, ~vm; (Varr. L. L, vii. 38. quia in consilium Jovis adhibebantur, Augustin. de Civit. Dei. iv. 23. Duodecim enim deos advocat, Senec. Q. Nat. ii. 41. a consensu, quasi consentientes ; vel a censendo, u e. consulo :) and are comprehended in these two verses of Ennius ; as quoted by Apuleius, de Deo Socratis : Juno, Vesta, Minerva, Ceres, Diana, Venus, Mars, Mercurius, JovP, Neptunus, Vidcanus, Apollo, On ancient inscriptions they are thus marked : J. o. m. u e. Jov, RELIGION OF THE ROMAIC. 241 vptimo maximo, Ceterisq. dis Consentibus. They were also call- ed dii magni, Virg. JEn. iii. 12. Ovid. Amor. iii. 6. and celestes, Vitruv. i. 8. Virg. JEn. i. 391. Cic. legg. ii. 8. or nobiles, Ovid. Met. i. 172. and are represented as occupying a different part of heaven from the inferior gods, who are called plebs, ibid. The DII SELECTI were Eight in Number. 1. SATURNUS, the god of time; the son of Cozlus or Uranus, and Terra or Vesta. Titan his brother resigned the kingdom to him on this condition, that he should rear no male offspring. On which account he is feign- ed by the poets to have devoured his sons as soon as they were born. But Rhea found means to deceive him, and bring up by stealth Ju- piter and his two brothers. Saturn being dethroned by his son Jupiter, fled into Italy, and gave name to Latium, from his lurking there, (a latendo.) He was kindly received by Janus king of that country. Under 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 Astrea, or goddess of justice, herself, who re- mained 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 decrepid old man, with a scythe in his hand, or a serpent biting off its own tail. 2. JANUS, the god of the year, who presided over the gates of heaven, and also over peace and war. He is painted with two faces, (bifrons vel biceps.) His temple was open in time of war, and shut in time of peace, Lit. 1.19. A street in Rome, contigu- ous to the Forum, where bankers lived, was called by his name ; thus Janus summus ab imo, the street Janus from top to bottom. Ho- rat. Ep. i. 1. 54. medius, the middle part of it; id. Sat. ii. 3. 18. Cic. Phil. vi. 5. Thoroughfares (transitiones pervice) from him were called Jani, and the gates at the entrance of private houses, Januoz, Cic. N. D. ii. 27. thus dextro Jano portm Carmentalis, Liv. ii. 49. 3. RHEA, the wife of Saturn : called also Ops, Cybele, Magna Mater, Mater Deorum, Berecynthia, Idaia, and Dyndymene, from three mountains in Phrygia : She was painted as a matron, crowned with towers, (turrita,) sitting in a chariot drawn by lions, Ovid. Fast. iv. 249. &c. Cybele, 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 infernal re- gions ; called also Orcus, Jupiter in/emus ct Stygius. The wife of Pluto was PROSERPINA, the daughter of Ceres, whom he carried 31 242 ROMAN ANTIQUITIES. off, as she was gathering flowers in the plains of Enna in Sicily ; call- ed Juno inferna or Stygia, often confounded with Hecate and Luna or Diana; supposed to preside over sorceries or incantations, (vent- ficiis praesse.) There were many other infernal deities, of whom the chief were the FATES or Destinies, (PARC.&, a parcendo vel per An- tiphrasin, quod nemini par cant,) the daughters of Jupiter and Themis, or of Erebus and Nox, three in number ; Clotho. Lachesis, and Atro* pos, supposed to determine the life of men by spinning ; Ovid. Pont. i. 8. 64. Ep. xii. 3. Clotho held the distaff, Lachesis span, and Atro- pos 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, Lu- can. iii. 18. The FURIES, (Furice vel Dirq^, Eumenides vel Erin- nyes,) also three in number, Alecto, Tysiphone, and Megara $ repre- sented with wings, and snakes twisted in their hair ; holding in their hands a torch and a whip to torment the wicked ; MORS vel Le- thum, death ; SOMNUS, sleep, &c. The punishments of the infer- nal regions were sometimes represented in pictures, to deter men from crimes, Plaut. Capliv. v. 4. 1. 5. BACCHUS, the god of wine, the son of Jupiter and Semele; called also Liber or Lyceus, because wine frees the minds of men from care : described as the conqueror of India ; represented always young, crowned with vine or ivy-leaves, sometimes with horns, hence called corniger, Ovid. Ep. xiii. 33. holding in his hand a thyrsus or spear bound with ivy j his chariot was drawn by tigers, lions, or lynxes, attended by Silenus, his nurse and preceptor, Bac- chanals (frantic women, Bacchcc, Tryades vel Menades), and satyrs, Ovid. Fast. iii. 715.— 770. Ep. iv. 47. The sacred rites of Bacchus, {Bacchanalia, ORG IA vel Dwnysia,) were celebrated every third year, (hence called trieterica,) in the night-time, chiefly on Citharon and Ismenus in Bceotia, on Ismaras, Rhodope, and Edon in Thrace. PRIAPUS, the god of gardens, was the son of Bacchus and Ve- nus, Serv. in Virg. G. iv. iii. 6. SOL, the sun, the same with Apollo ; but sometimes also dis- tinguished, and then supposed to be the son of Hyperion, 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 surrounded with rays, and riding in a chariot drawn by four horses, attended by the Horce or four seasons, Ver, the spring ; JEstas, the summer Autumnus, the autumn-, and Hiems, the winter, Ovid. Met. ii. 25. The sun was worshipped chiefly by the Persians, under the name of Mithras. 7. LUNA, the moon, as one of the DiiSelecti, was the daughter of Hyperion, and sister of Sol. Her chariot was drawn only by two horses. 8. GENIUS, the damofi or tutelary god, who was supposed to RELIGION OF THE ROMANS. 243 take care of every one from his birth during the whole of life. Places and cities, as well as men, had their particular Genii. It was generally believed that every person had two Genii, the one good, and the other bad. Defraudare genium suum, to pinch one's appetite, Ter. Phorm. i. 1. 10. Indulgere genio, to indulge it, Pers. v. 151. Nearly allied to the Genii were the LARES and PENATES, household-gods, who presided over families. The Lares of the Romans appear to have been the manes of their ancestors, Virg. JEn. ix. 255. Small waxen images of them, clothed with the skin of a dog, were placed round the hearth in the hall, (in atrio.) On festivals they were crowned with garlands, Plant, Trin, i. 1. and sacrifices were offered to them, Juvenal, xii. 89. Suet, Aug, 31. There were not only Lares domestici etfamiliares, but also Compitales et viales, militares et marini, &c. The Penates (sive a penu ; est enim omne quo vescuntur homines, penus ; sive quod penitus insident, Cic. Nat. Deor. ii. 27. Dii per quos penitus spiramus, Macrob. Sat. iii. v. Idem ac Magni Dii, Ju- piter, Juno, Minerva, Serv. ad Virg. Mn. 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, worshipped in the Capitol, Lb. iii. 17. under whose protection the city and temples were. These iEneas brought with him from Troy, Virg. J£n. ii. 293. 717. iii. 148. iv. 598. Hence Patrii Penates, familiar es que, 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. Verr. iv. 22. They were, however, different, Liv, i. 29. The Penates were of divine origin; the Lares of human. Certain persons were admitted to the worship of the Lares, 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 lare fundus, Horat. Od. i. 12. 44. Ovid. Fast. vi. 95. & 362. So Penates; thus, Nostris succede Penatibus hospes, Virg. Mn. viii. 123. Plin. Pan. 47. Ovid. Fast. vi. 529. DII MINORUM GENTIUM, or INFERIOR DEITIES. These were of various kinds : 1. Dii INDIGETES, or heroes ranked among the gods on ac- count of their virtues and merits: of whom the chief were, — HERCULES, the son of Jupiter, and Alcmena, wife of Amphi- tryon, king of Thebes; famous 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 Menfilus, the harpies in the lake Stymphalus, Diom< des, and his horses, who were fed on human flesh, the wild bull in the island Crete, cleansing the stables •241 ROMAN ANTIQUITIES. of Augeas, subduing the Amazons and Centaurs, dragging the dog Cerberus from hell, carrying oif the oxen of the three-bodied Gery- on, from Spain, fixing pillars in the /return Gaditanum, or Streights of Gibraltar, bringing away the golden apples of the Hesperides, and killing the dragon which guarded them, slaying the giant Antaeus, and the monstrous thief Cacus, &c. Hercules was called Alcides from Alc 245 two mountains there ; Tegeceus, from a city, &c. called by the Ro- mans Inuus j — represented with horns and goats' feet. Pan was supposed to be the author of sudden frights or causeless alarms : from him called Panici tcrrores, Dyonis. v. 16. FAUNUS and SYLVANUS, supposed to be the same with Pan. The wife or daughter of Faunus was Fauna or Fatua, called also Marica and Bona Dea, Macrob. Sat.i. 12. There were several rural deities called FAUNI, who were be- lieved to occasion the night-mare, (ludibria noctis vel epialten immittere,) Plin. xxv. 3. VERTUMNUS, who presided over the change of seasons and merchandize ; — supposed to transform himself into different shapes. Propert. iv. 2. Hence Vertumnis natus iniquis, an inconstant man, Horat. Sat. ii. 7. 14. POMONA, the goddess of gardens and fruits ; the wife of Yer- tumnus, Ovid. Met. xiv. 623. &c. FLORA, the goddess of flowers ; called Cloris by the Greeks, Lactant, i. 20. 6. Ovid. Fast. v. 195. TERMINUS, the god of boundaries ; whose temple was always open at the top, Festus. (Se supra ne quid nisi sidera cernat, Ovid. Fast. ii. 671.) And when, before the building of the capitol, all the temples of the other gods were unhallowed, (exaugurarentur.) it alone could not, Liv. i. 55. v. 54. Jovi ipsi regi xoluit coxcedere, Gell. xii. 6. which was reckoned an omen of the perpetuity of the empire, Liv. ibid. PALES, a god or goddess who presided over flocks and herds ; usually feminine. Pastoria Pales, Flor. i. 20. HYMEN vel HYMENALS, the god of marriage. LAVERNA, the goddess of thieves, Horat. Ep. i. 16. 60. VACUNA, who presided over vacation* or respite from business, Ovid. Fast. vi. 307. AVERRUNCUS, the god who averted mischiefs, {mala averuu* cabat,) Varr. vi. 5. There were several of these. FASCINUS, who prevented fascination or enchantment. ROBIGUS, the god, and Rubigo, the goddess who preserved corn from blight, (a rubigine.) Gell. v. 13. MEPHITIS, the goddess of bad smells, Serv. in Virg. JEn. vii. 84. CLOACINA, of the cloaca, or common sewers. Under the Semones were comprehended the NYMPHS, (mjmphce.) female deities, who presided over all parts of the earth ; over moun- tains, Oread; s; woods, Dryades, Hamadryades, Kapce. ; rivers and fountains, Naides vel Knaides ; the sea, Nereides, Oceanitides, &c. Each river was supposed to have a particular deity, who pre- sided over it; as Tiberinus over the Tiber, Virg. JEn. viii. 31. and 77. Eridanus over the Po ; taurine vultu, with the countenance of a bull, and horns ; as all rivers were represented, (quod flumina sunt atrocia, ut tauri' } * Festus; vel propter impetus et mugitus aquan * Quia sonitum tavri edebavf, they roared like bullocks 246 ROMAN ANTIQUITIES. Vet. Schol. in Horat. Od. iv. 14. 25. Sic tauriformis volvitur Atifi- dus.) Virg. G, iv. 371. Ovid, Met, iv. pr, JElian, ii. 33. Claudian. Cons, Prob, 214. &c. The sources of rivers were particularly sa- cred to some divinity, and cultivated with religious ceremonies, Scnec. Ep, 41. Temples were erected; as to Clitumnis, Piin. Ep, viii. 8. to Ilissus, Pausan, i. 19. small pieces of money were thrown into them, to render the presiding deities propitious ;* and no person was allowed to swim near the head of the spring, because the touch of a naked body was supposed to pollute the consecrated waters, ibid, fy Tacit, Annul, xiv. 22. Thus no boat was ai lowed to be on the lacus Vadimonis, Plin. Ep. viii. 20. in which were several float- ing islands, ibid, & Plin. ii. 95. s, 96. Sacrifices were also offered to fountains ; as by Horace to that of Blandusia, Od, iii. 13. whence the rivulet Digentia probably flowed, Ep, i. 18. 104. Under the Semones were also included the judges in the infernal regions, MINOS, JEacus, and Rhadamanthus; CKARON, the ferry- man of hell, (Portitor, Virg.JEn.\'\. 298. Porthemeus, -cos, Juvenal, iii. 266.) who conducted the souls of the dead in a boat over the rivers Styx and Acheron, and extracted from each his por- torium or freight, (naulum,) which he gave an account of to Pluto; hence called, Portitor : the dog CERBERUS, a three-headed monster, who guarded the entrance of hell. The Romans also worshipped the virtues and affections of the mind, and the like ; as, Piety, Faith, Hope, Concord, Fortune, Fame, &c. Cic. Nat, D, ii. 23. even vices and diseases, Id, legg. ii. 11. Nat, D, iii. 25. Juvenal, i. 115. and under the emperors likewise foreign deities, as, Isis, Osvris, Anubis, of the Egyptians ; Lucan. viii. 831 . also the winds and the tempests ; Eurus, the east wind ; Auster or Notus, the south wind ; Zephyrus, the west wind-, Boreas, the north wind; Africus, the south-west; Corus, the north-west; and jEOLUS, the god of winds, who was supposed to reside in the Lipari islands, hence called Insula JEola; AURiE, the air-nymps or sylphs,* &c.t The Romans worshipped certain gods, that they might do them good, and others, that they might not hurt them ; as, Averruncus and Robigus. There was both a good Jupiter and a bad ; the for- mer was called Duovis, (a juvando,) or Diespiter, and the latter, Vejovis, or Vedius, Gell, v. 12. But Ovid makes Vejovis the same with Jupiter parvis, or non magnus, Fast. iii. 445. &c. II. MIN1STRI SACRORUM, the MINISTERS of SACRED THINGS. The ministers of religion, among the Romans, did not form a # Hence probably proceeded the practice of espousing the Adriatic sea by the Doge of Venice, by throwing into it a piece of money ; a ceremony instituted by the Pope. t So various indeed were the objects of Heathen worship, that in some countries, particularly in Egypt, they offered adoration to beasts, birds, herbs, and hideous reptiles, and did homage, in a word, to almost every thing but the true God. So prone is the human heart to degenerate into the grossest and most absurd idolatry. MINISTERS OF RELIGIOxN. 247 distinct order from the other citizens. (See p. 96.) They were usually chosen from the most honourable men in the state. Some of them were' common to all the gods, (omnium deorum sa- cer dotes ;■ others appropriated to a particular deity, (uni aliqui nu~ mini addicti.) Of the former kind were, — I. The PONTIFICES, {a posse facere, quia Mis jus erat sacra faciendi ; vel potius a ponte faciendo, nam ab Us sublicius est factus primum, et restitutus scepe cum ideo sacra et uls et cis Tiberim Jiant, Varr. L. L. iv. 15. Dionys. ii. 73. iii. 45.) were first instituted by Numa, Liv. iv. 4. DioM/s. ii. 73. chosen from among the patricians ; four in number, till the year of the city 454, when four more were created from the plebeians, Liv. x. 6. Some think that originally there was only one Pontifex ; as no more are mentioned in Livy, i. 20. ii. 2. Sylla increased their number to 15, Liv. Ep. 89. They were divided into Majores and Minores, Cic. Harusp. R. 6. Liv. xxii. 57. Some suppose the 7 added by Sylla and their successors to have been called minores; and the 8 old oues, and such as were chosen in their room, Majores. Others think the majores were patricians, and the minores plebeians. Whatever be in this, the cause of the distinction certainly existed before the time of Sylla, Liv. ib. The whole number of the Pontijices was called COL- LEGIUM, Cic, Bom. 12. The Pontijices judged in all cases relating to sacred things; and, in cases where there was no written law, they prescribed what re- gulations they thought proper. Such as neglected their mandates, they could fine according to the magnitude of the offence. Diony- sius says, that they were not subject to the power of any one, nor bound to give account of their conduct even to the senate, or peo- ple, ii. 731 But this must be understood with some limitations ; for we learn from Cicero, that the tribunes of the commons might ob- lige them, even against their will, to perform certain parts of their office, Dom. 45. and an appeal could be made from their decree, as from all others, to the people, Ascon. in Cic. Mil. 12. It is cer- tain, however, that their authority was very great, Cic. Dom. 1.51. Harusp. R. 10. It particularly belonged to them to see that the inferior priests did their duty, Dionys. ibid. From the different parts of their office, the Greeks called them J«£eJ*«JWx«Ao<, le^ovo^ot, lte%oQvXxKtjtt*T«), which a person wrote concerning his own actions, were properly called COMMENTARII, Cic. Fam. v. 12. Syll. 16. Verr. v. 21. Suet. Aug. 74. Tib. 61. as Julius Caesar modestly called the books he wrote concerning his wars, Cic. Brut. 15. Suet. Cces. 56. and Gellius calls Xenophon's book concerning the words and actions of Socrates, (*ire/pRj£PETES,) were the ea- gle, vulture, &c. ib. Gell. vi. 6. Serv. in Virg. JEn. iii. 361 . Cic. div. i. 47. Mat. D. ii. 64. — The manner in which chickens fed, (pulli,) Cic. div. ii. 34. see p. 83. was much attended to in war; Plin. x. 22. s. 24. Liv. x. 40. and contempt of their intimations was sup- posed to occasion signal misfortunes : as in the case of P. Claudius in the first Punic war ; who, when the person who had the charge of the chickens (pullarius) told him they would not eat, which was esteemed a bad omen, ordered them to be thrown into the sea, say- ing, Then let them drink. After which, engaging the enemy, he was defeated with the loss of his fleet, Cic. Mat. D. ii. 3. div. i. 16. Liv. Ep. xix. Valer. Max. i. 4. 3. Concerning ominous birds, &c. See Statius, Theb. iii. 502. &c. The badges of the augurs (Ornament a auguralia, Liv. x. 7.) were, 1. a kind of robe, called TRABEA, striped with purple, (virgata vel palmata, a trabibus dicta,) according to Servius, made of purple and scarlet, (ex purpura et coccomistum.) in Virg. Mn. vii. 612. So Dionysius, speaking of the dress of the Salii, ii. 70. who describes it as fastened with clasps, ibid, hence bibaphum, i. e. purpuram bis tinctam, cogitare, to desire to be made an augur, Cic. Fam. ii. 16. bibapho vestire, to make one, Alt. ii. 9. 2. A cap of a conical shape, like that of the pontijices, ibid. 3. A crooked stall*, which they carried in their right hand, to mark out the quarters of tb< MINISTERS OF RELIGION. 2.0U heavens, (quo regiones cozli deter minarent,) called LITUUS, (bacil- lus v. -«m, sine nodo aduncus, Liv. i. 18. Incurvum et leviter a sum- mo inflexum bacillum, quod ab ejus litui, quo canitur, similitudine no- men invenit, Cic. divin. i. 17. Virga brevis, in parte qua robustior est, incurva, Gell. v. 8.) An augur made his observations on the heavens, (SER VABAT de cozlo, v. ccelum, Cic. div. ii. 35. Dom. 1 5. Phil. ii. 32. Lucan. i. 601 . v. 395.) usually in the dead of the night, (post mediamnodem, Gell. iii. 2. media node, Liv. xxxiv. 14. cum est silentium, Festus : node silentio, Liv, ix. 38. viii. 23. aperto cozlo, it aut apertis uti liceat lu- cernis, Plutarch. Q. R. 71. Id silentium dicimus in auspicio, quod om- ni vitio caret, Cic. div. ii. 44.) or about twilight, Dionys, ii. 5. The augur took his station on an elevated place, called arx or templum, Liv. i. 6. vel tabernaculum, Liv, iv. 7. Cic, div, ii. 35. which Plutarch calls «**jjvjj ? in Marcell, p. 300 — where the view was open on all sides ; and to make it so, buildings were sometimes pull- ed down. Having first offered up sacrifices, and uttered a solemn prayer, (effata, plur. Serv, Virg, JEn. vi. 197. whence effari tem- plum, to consecrate, Cic, Att, xiii. 42. hinc fana nominata quod pontifices in sacrando fati suntjinem, Varr. L. L. v. 7.) he sat down (sedem cepit in solida sella), with his head covered, (capite velato,) and, according to Livy, i. 18. with his face turned to the east; so that the parts towards the south were on the right, (partes dextrce,) and those towards the north on the left, (Icevce,) Then he determin- ed with his lituus, the regions of the heavens from east to West, and marked in his mind some object straight forward, (signum contra ani- mo jinivit,) at as great a distance as his eyes could reach : within which boundaries he should make his observation, Liv, i. 18. This space was also called TEMPLUM, (a tuendo : locus augurii aut auspicii causa quibusdam conceptis verbis Jinitus, Varr. L. L. vi. 2. Donat. in Ter. iii. 5. 42.) Dionysius gives the same description with Livy of the position of the augur, and of the quarters of the heavens, ii. 5. so Hyginus, de limit. But Varro makes the augur look to- wards the south, which he calls pars antica ; consequently, the pars sinistra was on the east, and dextra on the west : That on the north he calls postxca, ibid. In whatever position the augur stood, omens on the left among the Romans were reckoned lucky ; Plant. Pseud, ii. 4. 72. Epid. fi. 2. 1. Serv, in Virg. JEn. ii. 693. ix. 631. Stat. Theb, iii. 493. Cic, legg, iii. 3. Div. ii. 35. Gell. v. 12. Ovid, Trist, i. 8. 49. Dionys, ii. 5. but sometimes omens on the left are called unlucky; Virg, Eel, i. 18. ix. 3 5. Suet, CI. 7. Vit. 9. Ovid, Epist. ii. 115. Trist. iv. 3. 69. in imitation of the Greeks, among whom the augurs stood with their faces to the north ; and then the east, which was the lucky quarter, was on the right. (Sinistrum, quod bonum sit, nostri nominaverunt, externi, (sc. Graici,) dextrum, Cic. div. ii. 36.) Hence dexter is often put for fclix vel faustus, lucky or propitious, Virg. JEn, iv. 579. viii. 302. and sinister for infelix, infaustus,ve\ funestus, unlucky or unfavourable, Id, i. 444. Plin, Ep, i. 9. vii. 28. Tacit, Hist, v. 5. Thunder on the left was a good omen for everything else, but holding the comitia, Cic. div. ii. 18. 35. 256 ROMAN ANTIQUITIES. The croaking of a raven (corvus) on the right, and of a crow (comix) on the left, was reckoned fortunate, and vice versa, Cic. div. i. 7. & 39. In short, the whole art of augury among the Romans was involved in uncertainty, ibid. It seems to have been at first contrived, and afterwards cultivated, chiefly to increase the influence of the leading men over the multitude. The Romans took omens (omina captabani) also from quadrupeds crossing the way or appearing in an unaccustomed place, (Juvenal. xiii. 62. Horat. Od. iii. 27. Liv. xxi. ult. xxii. l,)from sneezing, (ex sternutatione,) spilling salt on the table* and other accidents of that kind, which were called Dira, sc. signa, or Dir.e, Cic. de divinat. i. 16. ii. 40. Dio. xl. 18. Ovid. Amor. i. 12. These the augurs ex- plained, and taught how they should He expiated. When they did so, they were said commentari, Cic. Amic. 2. If the omen was good, the phrase was, Impetritum, inauguratumest, Plant. Asin. ii. 11, and hence it was called Augurium impetrativum vel optatum, Serv. in Virg. Mn. v. 190. Many curious instances of Roman supersti- tion, with respect to omens and other things, are enumerated, Plin. 28. 2. as among the Greeks, Pausan. iv. 13. — Caesar, in landing at Adrumetum in Africa with his army, happened to fall on his face, which was reckoned a bad omen ; but he, with great presence of mind, turned it to the contrary : For, taking hold of the ground with his right hand, and kissing it, as if he had fallen on purpose, he exclaim- ed, I take possession of thee, O Africa, (Teneo te, Africa,) Dio. xlii. fin. Suet. Jul. 59. Future events were also prognosticated by drawing lots, (sortibus ducendis, Cic. div. ii. 33. thus, Oracula sortibus cequatis ducuntur, Id. i. 18. that is, being so adjusted, that they had all an equal chance of coming out first, Plaut. Cas. ii. 6. 35.) These lots were a kind of dice (tali v. tessera) made of wood, Plaut. Cas. ii. 6. 32. of gold, Suet. Tib. 14. or other matter, Plaut. ibid. 46. Pausan, Messen. iv. 3. Eliac. v. 25. with certain letters, words or marks, inscribed on them, Cic. div. ii. 41. They were thrown commonly into an urn, ibid, sometimes filled with water, Plaut. ibid. 28. & 33. and drawn out by the hand of a boy. or of the person who consulted the oracle. The priest of the temple explained the import of them, Cic. div. i. 34. The lots were sometimes thrown like common dice, and the throws esteemed favourable or not, as in playing, Suet. Tib. 14. Pro- pert. iv. 9. 19. Sortes denotes not only the lots themselves, and the answer returned from the explanation of them, thus, Sortes ipsas et cetera, quae erant ad sortem, i. e. ad responsum reddendum parata, disturbavit simia, Cic. div. i. 34. Liv. viii. 24. ; but also any verbal responses whatever of an oracle, (sortes qua vaticinatione funduntur, quae oracula verius dicimus,) Cic. div. ii. 33. & 56. Dictce per carmi- na sortes, Horat. art. p. 403. So Liv. i. 56. v. 15. Virg. JEn. iv. 346. vi. 72. Ovid. Met. i. 368. & 381. &c. Thus Oraculum is put both for the temple, Cic. Font. 10. Ep. ad Brut. 2. and the answer given in it, Cic. div. i. 1 . 34. & 51 . &c. Tacitus calls by the name of # The spilling of salt is, by superstitious people among us, still reckoned a bad omen; and an excellent paper in the Spectator is written to decry the absurdity. MINISTERS OF RELIGION. 257 Sortes the manner which the Germans used to form conjectures about futurity. They cut the branch of a tree into small parts or slips (in surculos,) and distinguishing these slips by certain marks, scattered them at random, (temen ac fortuiio) on a white cloth. Then a priest, if the presage was made for the public, (si pub lice consulere- tur.) if in private, the master of a family, having prayed to the gods and looking to heaven, took up each of the slips three times, and in- terpreted it according to the mark impressed on it, Tacit, de mor. G. 10. Of prophetic lots, those of Praeneste were the most famous, Cic. div. n. 41. Suet. Tib. 63. Domit. 15. Stat. Sylv. 1. 3. 80. Livy mentions among unlucky omens the lots of Caere to have been di- minished in their bulk, (extenuates) xxi. 62. and of Falerii, xxii. 1. Omens of futurity were also taken from names, Plaut. Pers. iv. 4. 73. Bacch. ii. 3. 50. Those who foretold futurity by lots, or in any manner whatever, were called Sortilegi ; Lucan. ix. 581. which name Isidorus applies to those who, upon opening any book at ran- dom, formed conjectures from the meaning of the first line or pas- sage which happened to turn up, viii. 9. Hence in later writers we read of the Sortes Virgilian^, Homericce, &c. Sometimes select verses were* written on slips of paper, (in pittaciis,) and being thrown into an urn, were drawn out like common lots ;* whence of these it was said, Sors excidit, Spartian. Adrian. 2. Lamprid. Alex. Sev. 14. —Those who foretold future events by observing the stars, were called Astrologi, Cic. divin. i. 38. 39. ii. 42. Verr. ii. 52.t Ma- thematici, Suet. Aug. 94. Tib. Cal. 57. Tacit. Hist. i. 22. Juvenal. vi. 561. xiv. 248. Genethliaci, Getl. xiv. 1. from genesis vel geni* iura,the nativity or natal hour of any one, or the star which hap- pened to be then rising, (sidus natalitium, Cic. div. ii. 43.) Juvenal, xiv. 248. Suet. Tit. 9. and which was supposed to determine his ful ture fortune ; called also Horoscopus (ab hora inspicienda.) thus, Ge- mmos, horoscope, varo (forvario) producis genio-, O natal hour al= though one and the same, thou producest twins of different disposi- tions, Pers. vi. 18. Hence a person was said habere imperatoriam genesim to whom an astrologer had foretold at his birth, that he would be emperor, Suet. Vesp. 14. Bom. 10. Those astrologers were also called Chaldjei orBABYLONii, because they came origin- ally from Chaldaaa or Babylonia, Slrab. xvi. 739. or Mesopotamia, i. e. the country between the conflux of the Euphrates and Tigris Plin. vi. 28. Diodor. ii. 29. Hence Chaldaicis rationibus eruditus, skilled in astrology, Cic. div. ii. 47. Babylonica doclrina, astrology, Lucret. v. 726 — nee Babylonios tentdris numeros, and do not try as- trological calculations, i. e. do not consult an astrologer ; Horat. Od. LI 1. these used to have a book, (ephemeris, v. plur. -ides.) in which the rising and setting, the conjunction, and other appearances of the * The use of the lot in doubtful cases, however abused or misapplied in ancient or modern times, is warranted by divine authority, Lev. xvi. 8. 9. 10. Josh, i 6 1 Sum Xiv. 41. Ps. xvi. 3. Prov. xvi. 23. Acts. i. 26. &c t When mention is made in the classic authors, of the Mathematici being banished tend e d° me ° r Y ' J u 6B le "» aad not real mathematicians, are always in- 33 258 ROMAN ANTIQUITIES. stars, were calculated. Some persons were so superstitious, that in the most trivial affairs of life they had recourse to such books, Plin. 29. 1. which Juvenal ridicules, vi. 576. An Asiatic astrologer (Phryx Augur, et Indus,) skilled in astronomy (astrorum mundique peritus), was consulted by the rich ;* the poor applied to common fortunetellers,! (sortilegi vel divini,) who usually sat in the Circus Maximus, ibid, which is therefore called by Horace fallax, Sat. i. 6. 113. I Those who foretold future events by interpreting dreams, were called, Conjectores ; by apparent inspiration, halioli v. divini; vates, v. vaccinator es, &c. § Persons disordered in their mind, (melancholici, cardiaci, et phrenetici,) were supposed to possess the faculty of presaging future events, Cic. div. i. 33. These were called by various other names; CERRITI or Ceriti, Plaut. Amph. ii. 2. 144. Horat. Sat. ii. 3. 278. because Ceres was supposed sometimes to deprive her worshippers of their reason, Non. i. 213. also Larvati, Larvarum pleni, i. e. furiosi et mente moti, quasi harms et spectris exterriti, Festus. Plaut. Men. v. 4. 2. and Lymphatici, or lymphati, Virg. Mn. vii. 377. Liv. vii. 17. (a nymphis in furorem acti, w^oxawrrot, Varro. L. L. vi. 5. qui speciem quandam e fonte, id est effigium nymphce viderint, Festus,) because the nymphs made those who saw them mad, Ovid. Ep. iv. 49. Isidore makes lymphaticus the same with one seized with the hydrophobia, (qui aquam timeat, ufycpofiet,) x. litem L. Pavor lymphaticus, a panic fear, Liv. x. 28. Senec. Ep. 13. Nummi auri lymphatici, burning in the pocket, as eager to get out, or to be spent, Plaut. Pom. i. 2. 1 32. Mens lymphata Marceotico, intoxicated, Horat, Od. i. 37. 14. As hellebore was used in curing those who were mad, hence elleborosus for insanus, Plaut. Rud. iv. 3. 67. Those * The shepherds who watched their flocks by night, in order to guard them from the wild beasts, in the fertile plains of Babylon and Egypt, having been long habitu- ated to observe the stars, as guides in their journeyings, were the first students of this art, as well as of astronomy. The principles of spherical trigonometry were after- wards applied to this subject: it has been deemed a valuable branch of science; ma- ny treatises have been Written on it, and men of sense and learning seduced by its fanciful illusions. The eventual accomplishment of some of its predictions, were sup- posed to stamp it with infallibility ; though there was no other foundation for belief in its truth and certainty, than the deluded vagaries of a heated imagination. The poet Dryden, among others, is said to have been deeply versed in this pretended science. It is now almost unknown and forgotten. t In our own day, fortunetellers are no rarity. They draw their presages from the configuration of the lines on the hand, and face ; and from cutting and shuffling of cards, or examining the grounds on the edge and bottom of a teacup: and notwith- standing the absurdity of the practice, these impostors have plenty of employment. So eager is the human mind to pry into the secrets of futurity. $ Of dreamers also, abundance are to be found in our own times ; and in some in- stances, among a class of people, from whose opportunities and understanding we might look for an exemption from these follies. There are some few also, who pre- tend to foreknow marriages and funerals ; but these persons generally are wise enough to conceal their prescience, till the event has taken place. $ The sallies of Lunatics have in all ages been attributed, or compared to inspira- tion. Surprise, tenderness and sympathy have no doubt a considerable share in originating this sentiment. The same motives may contribute to produce the veneration paid to the Goitres among the Alps, and to Idiots in India. MINISTERS OF RELIGION. ; 259 transported with religious enthusiasm were called Fanatici, Juve- nal, ii. 113. iv. 123. Cic. divin. ii. 57. Dorn. 60. from fanum, a fari, because it was consecrated by a set fo*m of words, (fando,) Festus, & Varr. L. L. v. 7. — or from Faunus, (qui primus fani conditor fuit,) Serv. in Virg. G. 1.10. From the influence of the moon on persons labouring under certain kinds of insanity, they are called by later writers LUNATICI. HARUSPJCES, ab haruga, i. e. ab hostia. (Donat. in Ter. Phorm. iv. 4. 28. vel potius a victimis, aut extis victimarum in ara inspici- endis;) called also Extispices, Cic. Div. ii. 11. Non. i. 53. who examined the victims and their entrails after they were sacrificed, and from thence derived omens of futurity; Stat. Theb. iii. 456. also from the flame, smoke, and other circumstances attending the sacrifice ; as if the victim came to the altar without resistance, stood there quietly, fell by one stroke, bled freely, &c. These were fa- vourable signs. The contrary are enumerated, Virg. G. iii. 186. Lucan. i. 609. &c. They also explained prodigies, Cic. Cat. iii. 8. Div. i. 3. Suet. Aug. 29. Plin. vii. 3. Their office resembled that of the augurs ; but they were not esteemed so honourable : hence, when Julius Caesar admitted Ruspina, one of them, into the, senate, Cicero represents it as an indignity to the order, Fam. vi. 18. Their art was called Hauspicina, v. haruspicium disciplina, Cic. div. i. 2. 41. and was derived from Etruria, where it is said to have been discovered by one Tagus, Cic. div. ii. 23. Ovid. Met. xv. 553. Lw- can. i. 637. Censorin. nat. d. 4. and whence Haruspices were often sent for to Rome, Liv. v. 15. xxvii. 37. Cic. Cat. iii. 8. Lucan. i. 584. Martial, iii. 24. 3. They sometimes came from the east ; thus Armenius vel Comagmus haruspex, Juvenal, vi. 549. Females also practised this art, (Aruspice) Plaut. Mil. Glor. iii. 1. 99. The college of the Haruspices was instituted by Romulus, Dionys. ii. 22. Of what number it consisted is uncertain. Their chief was called Summus Haruspex, Cic. div. ii. 24. Cato used to say, he was surprised that the Haruspices did not laugh when they saw one another, Cic. Nat. D. i. 26. Divin. ii'. 24. their art was so ridiculous ; and yet wonderful instances are record- ed of the truth of their predictions, Liv. xxv. 16. Sallust. Jug. 63. Tacit. Hist. i. 27. Suet. Galb. 19. Suet. Cces. 81. Dio. xliv. 18. III. QUINDECEMVIRI sacris faciundus ; these had the charge of the Sibylline books ; inspected them by the appointment of the senate in dangerous junctures ; and performed the sacrifices which they enjoined. It belonged to them in particular to celebrate the secular games, Horat. de Carm. s appeared in his golden chair and purple robe, ibid. i. 52. Valer. Max. i. 6. 13. whereupon the Haruspex Spurinna warned him to beware of the ides of March, ibid, et Suet. Jul. 81. The principal fissure or division of the liver, (Jissum jecoris familiare et vitale.) was likewise particularly attended to, Cic. Nat. D. iii. 6. Divin. i. 10. ii. 13. 14. as also its fibres or parts, and those of the lungs, ibid, 4r Virg. G. i. 484. JEn. iv. 6. x. 176. After the Haruspices had inspected the entrails, the parts, which fell to the gods, were sprinkled with meal, wine, and frankincense, and burnt (adolebantur vel xremabantur) on the altar. The entrails were said, Diis dari, reddi^etporrici, (quasi porrigi, vel porro jaci.) when they were placed on the altars, {cum aris vel flammis impone- rentur,) Virg. JEn. vi. 252 xii. 214. or when, in sacrificing to the Dii Marini, they were thrown into the sea, ibid. v. 774. Hence, if any thing unluckily fell out to prevent a person from doing what he had resolved on, or the like, it was said to happen inter ccesa (sc. exta) et porrecta, between the time of killing the victim and burning the entrails, i. e. between the time of forming the resolution and ex- ecuting it. Cic. Att. v. 16.* When the sacrifice was finished, the priest, having washed his hands and uttered certain prayers, again made a libation, and then the people were dismissed in a set form of words ; Ilicet, or ire licet. After the sacrifice followed a feast, {EpulcR sacrificahs.) which, in public sacrifices, was sumptuously prepared by the Septemviri Epu- lones. In private sacrifices, the persons who offered them, feast- ed on the parts which fell to them, with their friends ; sacra tulere suam (partem) : pars est data cetera mensis, Ov. Met. 12. 154. On certain solemn occasions, especially at funerals, a distribu- tion of raw flesh used to be made to the people, called Visceratio, Iav. viii. 22. xxxix. 46. xli. 28. Cic. Off. ii. 16. Suet. Cats. 38. For viscera signifies not only the intestines, but whatever is un- der the hide : particularly the flesh between the bones and the skin, Scrv. in Virg. JEn. i. 211. iii. 622. vi. 253. Suet. Vitell. 13. The sacrifices offered to the celestial gods, differed from those of- fered to the infernal deities in several particulars. The victims sacrificed to the former were white, brought chiefly from the river Clitumnus,! Juvenal, xii. 13. Virg. Georg. ii. 146. in the country of the Falisci, Ovid. Pont. iv. 8. 41 . their neck was bent upwards, (sursum rejlectebatur,) the knife was applied from above, (imponebatur,) and the blood was sprinkled on the altar, or caught in cups : The victims offered to the infernal gods were black ; they were killed with their faces bent downwards (proncb) ; the knife was applied from below, (supponebatur,) and the blood was poured into a ditch. Those who sacrificed to the celestial gods, were clothed in white, bathed the whole body, made libations by heaving the liquor out of * The proverb, analogous to this in English, is expressed thus : between the cvp ajxd the lip. — Ed. t It appears, from Mrs. Piozzi's travels, that the cattle and even birds on this river are still white. Clitumnus is a river in Umbria. 276 ROMAN ANTIQUITIES. the cup, (Jundendo manu supina,) and prayed with the palms of their hands raised to heaven : Those who sacrificed to the infernal gods were clothed in black ; only sprinkled their body with water, made libations by turning the hand, (invergendo, ita ut manu in sinis- tram partem versd patera converter etur,) and threw the cup into the fire ; Serv. in Virg. Mn, vi. 244. prayed with their paims turned downwards, and striking the ground with their feet, Cic, Tusc, Q. ii. 25. Sacrifices were of different kinds ; some were stated (stata et so- lemnid), others occasiona , (fortuita et ex accidenti nata,) as, those call- ed expiatory, for averting bad omens, (ad portenta vei prodigia pro- curanda, expianda et avertenda vei averruncanda,) making atone- ment for a crime, (Sacrificia piacularia, ad crimen expiandum,) and the like. Human sacrifices were also offered among the Romans. — By an ancient law of Romulus, which Dionysius calls, vow w?e<$W/«s, Lex proditionis, ii. 10. persons guilty of certain crimes, as treachery or sedition, were devoted to Piuto and the infernal gods, and therefore any one might slay them with impunity. In after times, a consul, dictator, or praetor, might devote not only himself, but any one of the legion, (ex legione Romana, called Scripta, because perhaps the soldiers not included in the legion, the Velites, Subitum, Tumultuarii, &,c. were excepted,) and slay him as an expiatory vic- tim, (piaculum, i. e. in piaculum, hostiam ccsdere,) Liv. viii. 10.* In the first ages of the republic human sacrifices seem to have been of- fered annually, Macrob. Sat, i. 7. and it was not till the year of the city 657, that a decree of the senate was made to prohibit it ; ne ho- mo immolaretur, Plin. xxx. i. s, 3. Mankind, says Pliny, are under inexpressible obligations to the Romans for abolishing so horrid a practice, (qui sustulere monstra, in quibus hominem ocadere religio sissimum erat, mandi vefo etiam saluberrimum,) Ibid. We read how- ever of two men who were slain as victims with the usual solemni- ties in the Campus Martius by the Pontifices and Flamen of Mars, as late as the time of Julius Caesar, A. U. 708. Dio. xliii. 24. Whence it is supposed that the decree of the senate mentioned by PJiny re- spected only private and magical sacred rites, as those alluded to, Horat, Epod. 5. Augustus, after he had compelled L. Antonius to a surrender at Perusia, 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. 1 5. To this savage action Seneca al- ludes, 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 in the time of Cicero and Horace for magical purposes, Cic, Vat, 14. Horat. Epod, 5, A place reared for offering sacrifices was called Ara or Altare, * The Christian religion, wheresoever disseminated, has brought the practice of human sacrifices into utter detest u( ion. The one sacrifice upon the Cross has abo- lished the rite in all its forms, and that forever- SACRED RITES. 277 an aitar : Altaria (ab altitudine) tantum diis superis consecraban- fur ; arje et diis superis et inferis, Serv. in Virg.^ Eel. v. 66. JEiu ii. 515. In the phrase Pro aris et focis, ara is put for the altar in the impluvium or middle of the house, where the Penates were wor- shipped ; and focus, for the hearth in the atrium or hall, where the La- res were worshipped, Cic. Dom. 40. 41. Dejot. 3. Sext. 42. Phil. ii. 30. Sallust. Cat. 52. A secret place in the temple, where none but the priests entered, was called adytum, Cces. B. C. iii. 105. univer- sally revered, Pausan. x. 32. Altars used to be covered with leaves and grass, called verbena, i. e. herba 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. SJ. 16. 309. and bound with woollen fillets, Prop. iv. 6. 6. Virg. JEn. iv. 459. therefore called nexw tqr- ques, i. e. caronm, Id. G. iv. 276. * Altars and temples afforded an Asylum or place of refuge among the Greeks and Romans, Nep, Paus. 4. Cic. Nat. D. iii. 10. Q. Rose. 2. Ovid. Trist. v. 2. 43. as amo; g the Jews, 1 Kings, i. 50. chiefly to slaves from the cruelty of their masters, Terent. Heaat. v. 2. 22. Plaut. Rud. iii. 4. 18. Most. v. i. 45. to insolvent debtors and crimi- nals, Tacit. Annal. iii. 60. where it was reckoned impious to touch them, Cic. Tusc. i. 35. Virg. JEn. i. 349. ii. 513. 550. and whence it was unlawful to drag them, Cic. Dom. 41. but sometimes they put fire and combustible materials around the place, that the persons might appear to be forced away, not by men, but by a god, (Vulcan,) Plaut. Most. v. i. 65. or shut up the temple and unroofed it, {tectum sunt demoliti,) that he might perish under the open air, Nep. Paus. 5. p. 63. hence ara is put for refugium, Ovid. Trist. iv. 5. 2. The Triumviri consecrated a chapel to Caesar in the forum, on the place where he was burnt ; and ordained that no person who * Not only altars and temples, but tombs, statues, and other monuments of consi- derable personages, were Asyla in ancient times. Thus the temple of Diana at Ephesus was as a refuge for debtors, and the tomb of Theseus for slaves. The cities of refuge, the temple, and the altar of burnt offerings, were Asyla among the Jews. The cities of Thebes and Athens, as well as Rome, were originally peopled by be- ing declared Asyla. Lyons and Viennt among the ancient Gauls were places of refuge, and some cities in Germany are said still to preserve the ancient right of Asylum. Hence the me- dals of several ancient cities, particularly in Syria, had the inscription A2TAOI, to which is added IEPAI ; which, according to Spanheim, referred to their temples, and the gods revered in ihem. In London, the Ferg-e of the Court, which formerly extended twelve miles, and Holyrood house in Edinburgh, are considered as places of exemption from arrest for debt in certain cases to this day. The Emperors Honorius and Theodosius, having made churches Asyla, the bishops and monks laid hold of a certain tract or territory, without which they fixed the bounds of the secular jurisdiction. Convents accordingly, in a short time be- came next akin to fortresses ; where the most atrocious villains were in safety, and braved the power of the Magistrate. These privileges were at length extended to bishops' houses, whence the criminal could not be removed without a legal assurance of life, and an entire remission of the crime. The sanctuaries were at length stript of their immunities, because they only serv- ed as an encouragement to guilt, and are now every where almost entirely abolished. See Encycl. Brit. Blactetone, JWKtnzie, 278 ROMAN ANTIQUITIES. fled thither for sanctuary should be taken thence to punishment ; a thing which, says Dio, had been granted to no one before, not even to a 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 sacrifices ; as acerra vel thuribulum, a censer for burning incense ; simpiilum vel simpuvium, guttum, capis, -idis, patera, cups used in libations, olios, pots ; tripodes, tripods ; secures vel bipennes, axes ; cultri vel secespi- t &c.) each consisting of three hours, which were likewise of a differ- ent length at different times of the year : Thus, hora sexta noctis y mid-night ; Septima, one o'clock in the morning ; Octava, two, &c. Plin, Ep, iii. 4. Before the use of dials (horologia solaria vel sciaterica) 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, before and after mid-day, Censorin. 23. Ac- cording to Pliny, mid-day was not added till some years after, vii.60. an accensus of the consuls being appointed to call out that time, [acctnso consulum id pronunciante,) when he saw the sun from the senate-house; between the Rostra and the place called Grjecostasis, Plin, ibid, where ambassadors from Greece and other foreign coun- tries used to stand, Varr, L, L. iv. 32. Cic. ad Q. Fr. ii. 1 . Anaximander or Anaximenes of Miletus, is said to have invented dials at Lacedaemon 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 Mesala the Consul, who brought it from Catana in Sicily, in the first Punic war, A. U. 481. Plin. vii. 60. Gell, ex Plaut, iii. 3. — H^nce, ad solarium versari, for in foro, Cic. Quint. 18. — Scipio ROMAN FESTIVALS. 283 Nasica first measured time by water, or by a clepsydra, which serv- ed by night as well as by day, A. U. 595. ibid. (See p. 211.) 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 religious pur* poses, (DIES FESTI,) or assigned to ordinary business, (dies PRO- FESTI.) There were some partly the one, and partly the other, (dies INTERSICI, i. e. ex parte festi,et ex parte profesti,) half ho- lidays. On the Dies Festi sacrifices were performed, feasts and game9 were celebrated, or there was at least a cessation from business.-— The days on which there was a cessation from business were called FERIiE, holidays, Cic. legg. ii. 8. Divin. 45. and were either public or private. Public Ferioz or festivals were either stated, (STATjE,) or annu- ally fixed on a certain day by the magistrates, or Priests, (CONCEP- TIVJS,) or occasionally appointed by order of the consul, the praetor, or Pontifex Maximus, (Imperative.) The stated festivals were chiefly the following : 1 . In January, AGON ALIA, in honour of Janus, on the 9th, (v. Id.) Ovid. Fast. i. 318. &c. and also on the 20th May: CAR- MENTALIA, in honour of Carmenta, the mother of Evander, on the 11th (11. Id.) : Ovid. ibid. 461. But this was an half-holiday, (intercisus :) for after mid-day it was dies profestus, a common work day. On the 13th (Idibus) a wether (vervex vel ovis semimas, dris) was sacred to Jupiter, Ovid. Fast. i. 588. On this day the name of Augustus was conferred on Caesar Octavianus, ibid. 590. On the first day of this month, people used to wish one another health and prosperity, (omnia fausta,) Plin. 28. 2. s. 5. and to send presents to their friends. (See p. 58.) Most of the Magistrates entered on their office, and artists thought it lucky to begin any work they had to perform, (opera auspicabantur,) Senec. Ep. 83. Ovid, et Martial, passim. 2. In February, FAUN ALIA, to the god Faunus, on the 13th (Idibus): LUPERCALIA, to Lycaean. Pan, on the 15th, (xv. Kal. * The invention of clocks with wheels is attributed to Pacificus, Archdeacon of Verona, who lived in the time of Lotharius son of Louis It Debonnair,on the cridit of an epitaph quoted by Ughelli and borrowed by him from Penvinius. They were at first called nocturnal dials, to distinguish them from sun dials, which shewed the hours by the sun's shadow. Others ascribe the invention to Boethim, about the year 510. — Some rank Archimedes? s sphere, mentioned by Claudian y and that of PosidoniuSy mentioned by Cicero, among the machines of this kind ; because they had their motion from some hidden weights or springs, with wheels, or pullies, or some such clockwork principle. Such as are now in use were either first invented, or at least retrieved in Germany, near the close of the 16th century. The honour of the invention of Pendulum clocks is disputed by Huygens and Galileo. It is certain however, that the invention never flourished until it came into Huy- gen's hands. The invention of spring or pocket watches is contended for by Huygens and Dr. Hooke; the time of this invention was about the year 1658, and Hookers claim ap- pears now to be almost undisputed. — See Encyclop. Brit. 284 ROMAN ANTIQUITIES. Mart.;) QUIRINALIA, to Romulus, on the 17th; FERALIA, (quod turn epulas ad sepulchra amicorum ferebant, vel pecudes ferie- bant, Festus.) to the Dd Manes, on the 21st, (Ovid says the 17th,) and sometimes continued for several days; after which friends and relations kept a feast of peace and love (chanstia) for settling differ- ences and quarrels among one another, if any such existed, Valer. Max. ii; 1. 8. Ovid. Fast. ii. 631. TERM1NAL1A, to Terminus; REGIFUG1UM vel regis fuga, in commemoration of the flight of king Tarquin, on the 24th; EQU1RIA, horse races in the Campus Martins, in honour of Mars, on the 27th. 3. In March, MATRON ALIA, celebrated by the matrons for va- rious reasons, but chiefly in memory of the war terminated between the Romans and Sabines, Ovid. Fast. iii. 1 70 : on the first day, when presents used to be given by husbands to their wives, PlauU Mil. iii. 1. 97. Tibull. iii. l.Suet. Vesp. 19. Festum ANCJL10RUM, on the same day and the three following, when the shields of Mars were carried through the city by the Salii, who used then to be en- tertained with sumptuous feasts ; whence Saliares dapes vel coznoz, for lautas, opiparce, opulent as, Horat. Od. i. 37. 2. L1BERALIA, to Bacchus, on the 18th, (xv. Kal. Apr.) when young men used to put on the Toga virilis, or manly gown ; QU1NQUATRUS, -uum vel Quinquatria, Ovid. Fast. iii. 810. Geil. ii. 21. in honour of Minerva, on the 19th, at first only for one day, but afterwards for five ; whence they got their name. At this time, boys brought presents to their masters, called Minervalia. On the last day of this festival, and also on the 23d March, (x. kal. April.) the trumpets used in sacred rites were purified (lustrabantur) by sacrificing a lamb ; hence it was called Tubilustrium, vel -ia, Ovid. Fast. iii. 849. v. 725. H1LA- RIA, in honour of the mother of the gods, on the 25th. 4. In April, MFGALESJA or Mugalenses, to the great mother of the gods, on the 4th or 5th ; CEREALI A, or Ludi Cereales, to Ceres, on the 9th ; FORDICIDIA, on the 1 5th, when pregnant cows were sacrificed, (fordae boves, i. e. gravida, quae in ventre ferunt,) Ovid* Fast. iv. 5. 622. PALILIA vel Parilia, to Pales, the 21st. (See p. 13.) On this day Caesar appointed Circensian games to be annual- ly celebrated ever after; because the news of his last victory over Labienus and the sons of Pompey at Munda in Spain, had reached Rome the evening before this festival, Dio. xliii. 42. ROBIGALIA, to Robigus, that he would preserve the corn from mildew, (a Rubi- ginc,) on the 25th ; FLORALIA, to Flora or Chloris, (id omnia bene dejlorescerent, shed their blossoms, Plin. xviii. 29.) begun on the 28th, and continued to the end of the month, attended with great in- decency, Lactant. i. 20. 10. Scholiast, in Juvenal, vi. 249. which is said to have been once checked by the presence of Cato, Senec. Ep. 97. Martial, i. 3. & prcef. Valer. Max. ii. 10. 8. 5. In May on the kalends were performed the sacred rites of the Bona Dea by the Vestal Virgins, and by women only, (cum omne masculum expellebatur, Juvenal, vi. 339. in the house of the consul and praetors, for the safety of the people, Dio. xxxvii. 35. & 45. On this day also an altar was erected (co7istituta), and a sacrifice ROMAN FESTIVALS.- 285 offered to the Lares, called Prastites, {quod omnia tuta pmstant.) Ovid. Fast. v. 133. on the 2d. COMP1TALI A, to the Lares in the public ways, at which time boys are said anciently to have been sa- crificed to Mania the mother of the Lares ; but this cruel custom was abolished by Junius Brutus, Macrob. Sat. i. 7. On the 9th. LEMURIA, to the Lemures, hobgoblins or spectres in the dark, which were believed to be the souls of their deceased friends, (ma- nes paterni.) Sacred rites were performed to them for three nights, not successively, but alternately for six days, Ovid. Fast. v. 429 : on the 13th. or the ides, the images of thirty men made of rushes, (simulacra scripea virorum.) called Jirgei, were thrown from the Sub- lician bridge by the Vestal Virgins, attended by the magistrates and priests, in place of that number of old men, which used anciently to be thrown from the same bridge into the Tiber, Festus in Deponta- ni. Varr. de Lat. ling. vii. 3. Ovid. Fast. v. 621. &c. On the same day was the festival of merchants, (festum mercatorum,) when they offered up prayers and sacred rites to Mercury ; on 22d, (x. kal. Jun.) VULCANALIA, to Vulcan, called Tubilustria, because then the sacred trumpets were purified, ibid. 725. 6. In June, on the kalends were the festivals of the goddess Car- na, (quoe vitalibus humanis prceerat,) of Mars Extramuraneus, whose temple was without the Porta Capena, and of Juno Moneta ; on the 4th, of Bellona; on the 7th, Ludi Piscatorii ; the 9th, Vestalia, to Vesta ; 10th, Matralia, to mother Matuta, &c. With the festi- vals of June, the six books of Ovid, called Fasti, end; the other six are lost. 7. In July, on the kalends, people removed (commigrabant) from hired lodgings, Cic. ad. Q. Fratr. ii. 3. Fam. xiii. 2. Suet. Tib. 35 ; the fourth, the festival of Female Fortune, in memory of Cori- olanus withdrawing his army from the city, Liv, ii. 40; on the 5th, Ludi Appollinares, Liv. xxv. 12. xxvii. 23; the 12th, the birth day of Julius Caesar; the 15th or ides, the procession of the Equites, (see p. 35.) and the 16th, DIES ALLIENIS, on which the Romans were defeated by the Gauls, (dies ater et funestes,) Cic. Att. ix. 5. Suet. Vit. 2; the 23d, Neptunalia. 8. In August, on the 13th or ides, the festival of Diana; 19th, Vinalia, when a libation of new wine was made to Jupiter and Venus, P/m. xviii. 29; 18th, Consualia, games in honour of Consus, the god of council, or of Equestrian Neptune; at which the Sabine women were carried off by the Romans, Liv. i. 9 ; the 23d, Vulca- valia, Plin. Ep. iii. 5. 9. In September, on the 4th,' (Prid. Kon.) Ludi Magki or Ro- mani, in honour of the great gods, Jupiter, Juno, and Minerva, for the safety of the city ; on the 13th, the consul or dictator (Prat or Maximus) used anciently to fix a nail in the temple of Jupiter ; Liv. vii. 3 ; the 30th, Meditrinalia. to Meditrina, the goddess of cur- ing or healing, (medendi,) when they first drank new wine. 10. In October, on the 12th. Augustalia vel Ludi Augustahs. Tacit. Annal. i. 15 ; the 13th, Faunalia ; the 15th, or ides a horse was sacrificed, called Equus Octobris, v, ~ber, because Troy was 2£6 ROMAN ANTIQUITIES. supposed to have been taken in this month by means of a horse. The tail was brought with great speed to the Regia or house of the Pon- tifex M. that its blood might drop on the hearth, Festus. 11. In November, on the 13th, there was a sacred feast called Epulum Jovis ; on the 27th, sacred rites were performed on account of two Greeks and two Gauls, a man and a woman of each, who were buried alive in the ox market ; Liv. xxii. 57. Plutarch, quasst. 33, & inMarcello ; Piin. xxviii, 2. s. 3. 12. In December, on the 5th, or nones, FAUNALIA, Horat. Od. iii. 18 ; on the 17th, (xvi. KaL Jan.) SATURNALIA, the feasts of Saturn, the most celebrated of the whole year, when all orders were devoted to mirth and feasting ; friends sent presents to one an- other, Suet. Aug. 75. Vesp. 19. Stat. Silv. vi. 9. and masters treated their slaves as if upon an equal footing ; Horat. Sat. ii. 7. at first for one day, Liv. ii. 21. xxii. 1. afterwards for three, and by the order of Caligula, for five days, Dio. lix. 6 . Suet. Claud. 17. Macrob. Sat. i 10. So Claudius, Dio. lx. 25. Two days were added, called Sigillaria, (a sigillis) from small images, which then used to be sent as presents, especially by parents to their children, Macrob* ibid. On the 23d, Laurentinalia, in honour of Laurentia Ace a, the wife of Faustulus, and nurse of Romulus. Varr. L. L. v. 3. The FERliE CONCEPTIVjE, which were annually appointed (concipiebantur vel indicebantur) by the magistrates on a certain day, were, 1. FERINE LATINjE, the Latin holidays, (see p. 68.) first ap- pointed by Tarquin for one.day, Liv. i. 55. After the expulsion of the kings they were continued for two, then for three, and at last for four days, Liv. vi. 42. The consuls always celebrated the Latin ferias before they set out to their provinces; and if they had not been rightly performed, or if any thing had been omitted, it was necessary that they should be again repeated, (instaurari,) Liv. passim. 2. PAGANALIA, celebrated in the villages (in pagis) to the tu- telary gods of the rustic tribes. See p. 76. 3. SEMENTIViE, in seed-time for a good crop, Var. ibid. 4. COM PIT ALIA, to the Lares, in places where several ways met, (in compitis.) FERIiE IMPERATIVE, were holidays appointed occasionally; as, when it was said to have rained stones, Sacrum novendiale vel ferioe per novem dies, for nine days, Liv. i. 31 ; for expiating other • prodigies, Liv. iii. 5. xxxv. 40. xlii. 2 ; on account of a victory ; &c. to which may be added Justitium, (cum jura stant,) a cessation from business on account of some public calamity,as a dangerous war, the death of an emperor, &c. Liv. iii. 3. 27. iv. 26. 31. vi. 2. 7. vii. 6. 28. ix. 7. x. 4. 21. Tacit. Jinnal. ii. 82. Supplicatio etLEcris- ternium, &c. See p. 273. Ferice were privately observed by families and individuals on ac- count of birth-days, prodigies, &c. The birth day of the emperors was celebrated with sacrifices and various games, as that of Augus- tus, the 23d September, Dio, Iii. 8. 26. 34. The games then cele- ROMAN GAMES. 287 brated were called Augustalia, Dio. lvi. 29. as well as those on the 12th of October, (iv. Id. Octob.) in commemoration of his return to Rome, Dio. liv. 10. lvi. 46. which Dio says continued to be ob- served in his time, under Severus, liv. 34. DIES PROFEST1, were either Fasti or Mfasti, &c. (See p. 283.) Nundince, quasi Novendinaz, (see p. 78.) market-days, which happened every ninth day; when they fell on the first day of the year it was reckoned unlucky, Dio. xl. 47. Macrob. Sat. i. 13. and therefore Augustus, who was very superstitious, Suet. Aug. 92. used to insert a day in the foregoing year to prevent it, which day was ta- ken away from the subsequent year, that the time might agree with the arrangement of Julius Caesar, Dio. xlviii. 33. Pr^liares, fight- ing days, and non prceliares ; as, the days after the kalends, nones, and ides ; for they believed there was something unlucky in the word post, after, and therefore they were called Dies religiosi, atri vel infausti$ Ovid. Fast. i. 58. as those days were, on which any remarkable dis- aster had happened ; as, Dies Alliensis, &c. Liv. vi. 1. The ides of March, or the 15th, was called Parricidium ; because on that day, Caesar, who had been called Pater Patrle, was slain in the senate- house, Suet. Cces. 85. & 88. Conclave, in quo casus fuerat, obstruc- turn et in latrinam conversum, Dio. xlvii. 19. As most of the year was taken up with sacrifices and holy-days, to the great loss of the public, Claudius abridged their number, Dio* lx. 17. ROMAN GAMES. Games among the ancient Romans constituted a part of religious worship. They were of different kinds at different periods of the republic. At first they were always consecrated to some god ; and were either stated, (Ludi STATI,) the chief of which have been al- ready enumerated among the Roman festivals; or vowed by generals in war, (VOT1V1,) or celebrated on extraordinary occasions, (EX- TRAORDINARY) At the end of every 110 years, games were celebrated for the safety of the empire, for three days and three nights, to Apollo and Diana, called Ludi SiECULARES. (See p. 154.) But they were not regularly performed at those periods. The most famous games were those celebrated in the Circus Max- imus ; hence called Ludi Cir censes ; of which the chief were Ludi Romani vel Magni, Liv. i. 35. I. LUDI CIRCEMSES. The Circus Maximus was first built by Tarquinius Priscus, and after- wards at different times magnificently adorned. It lay betwixt the Pa- latine and Aventine hills, and was of an oblong circular form, whence it had its name. The length of it was three stadia, or furlongs and a half, i. e. 437 h paces, or 2187 i feet; the breadth little more than one stadium, with rows of seats all around, called Fori or spectacula (i. e. sedilia unde spectarent), rising one above another, the lowest of stone and the highest of wood, where separate places were al- 288 ROMAN ANTIQUITIES. lotted to each Curia, and also the Senators and to the Equites ; but these last under the republic, sat promiscuously with the rest of the people. (See. p. 18.) It is said to have contained at least 150,000 persons, Dionys. iii. 68. or, according to others, above double that number; according to Pliny, 250,000. Plin. xxxvi. 15. s. 24. Some modern, say 380,000. Its circumference was a mile. It was surrounded with a ditch or canal, called Enripus, ten feet broad and ten feet deep ; and with porticos three stories high (o-mttt ?{iseycti); both the work of Julius Caesar. In different parts there were proper places for the people to go in and out without distur- bance. On one end there were several openings, (octia,) from which the horses and chariots started, (emittebantur,) called CARCERES vel Lcpagula, and sometimes Cancer, [quod equos coercebat, ne exi- rent, priusquam magistratus signum mitteret, Varro. L. L. iv. 32.) first built A. U. 425. Liv. viii. 20. Before the caceres stood two small statues of Mercury, (Hermuli,) holding a chain or rope to keep in the horses, Cassiodor. Var. Ep. iii. 51. in place of which there seems sometimes to have been a white line, (alba linea,) or a cross furrow filled with chalk or lime, ibid, at which the horses were made to stand in a straight row (frontibus cequabantur,) by persons called mo- ratores, mentioned in some ancient inscriptions. But this line, called also Creta or Calx, seems to have been drawn chiefly to mark the end of the course, or limit of victory, (ad victoria notum,) Plin. xxxv. 17. s. 58. Isidor. xviii. 37. to which Horace beautifully allude. , Mors ultima linea rerum est, Ep. i. 16. fin. On this end of the circus, which was in the form of a semicircle, were three balconies or open galleries, one in the middle, and one in each corner: called M^niana, from one Maenius, who, when he sold his house adjoining to the Forum, to Cato and Flaccus the censors, re- served to himself the right of one pillar, where he might build a pro- jection, whence he and his posterity might view the shows of gladi- ators, which were then exhibited in the Forum, Ascon. in Cic. Suet. Cal. 18. In the middle of the Circus, for almost the whole length of it, there was a brick wall, about twelve feet broad, and four feet high, called Spina, Scholiast, in Juvenal, vi. 587. Cassiod. Ep. iii. 51. at both the extremities of which there were three columns or pyramids on one base, called METiE, orgoals, round which thehorses and chariots turn- ed, (Jlectebant,) so that they always had the spina and meta: on their left hand, Ovid. Am. iii. 65. Lucan. viii. 200. contrary to the manner of running among us. Whence a carceribus admetam vel calcem, from beginning to end, Cic. Am. 27. Sen. 23. In the middle of the spina Augustus erected an obelisk 132 feet high, brought from E^ypt; and at a small distance another 88 feet high. Near the first Meta, whence the horses set off, there were seven otlw-pillars, either of an oval form or having oval spheres on their top, called OVA, Varr. de re Rust. i. 2. 11. which were raised or rather taken down, (tollebantur, ibid.) to denote how many rounds the charioteers had completed, one for each round ; for they usually ran seven times round the course. Above each of these ova was ROMAN GAMES. 289 engraved the figure of a dolphin. These pillars were called FA- LM or phal^. Some think there were two different kinds of pil- lars, one with the figure of an ovum on the top, which were erected at the Meta prima ; and another with the figure of a dolphin, which stood at the Meta ultima ; Juvenal joins them together, Consulit art' te falas delphinorumque columnas, vi. 589. They are said to have been first constructed, A. U. 721. by Agrippa, Dio. xlix. 43. but ova ad metas curriculis numerandis, are mentioned by Livy long before, A. U. 577. Liv. xli. 27. as they are near 600 years after by Cassiodorus, iii. Var. Ep. 51. The figure of an egg was chosen in honour of Castor and Pollux, (Dioscuri, i. e. Jove nati, Cic. Nat. D. iii. 21. agonum presides ;) and of a dolphin in honour of Neptune, Tertidlian. Spectac. 8. also as being the swiftest of animals, Piin. ix. 8. Before the games began, the images of the gods were carried in procession on carriages and in frames, (in thensis et ferculis,) Suet. Jul. 76. Ovid. Amor. iii. 2. 44. Cic. Verr. 5. 72. or on men's shoul- ders, with a great train of attendants, part on horseback, and part on foot. Next followed the combatants, dancers, musicians, &c. When the procession was over, the consuls and priests performed sacred rites, Dionys. vii. 72. The shows (spectacula) exhibited in the Circus Maximus, were chiefly the following : 1. Chariot and horse-races, of which the Romans were extrava- gantly fond. The charioteers (agitatores vel aurigce) were distributed into four parties (greges) or factions, distinguished by their different dress or livery ; /actio alba vel albata, the white ; russata, the red ; veneta, the sky-coloured or sea- coloured ; and praslna, the green faction ; to which Domitian added two, called the golden and purple, (factio aurata et purpurea,) Suet. Domit. 7. The spectators favoured one or the other colour, as humour or caprice inclined them. It was not the swiftness of the horses, nor the art of the men, that attracted them ; but merely the dress ; (Kuncfavent panno, pannum amant,) Plin. Ep. ix. 6. In the time of Justinian, no less than 30,000 men are said to have lost their lives at Constantinople in a tumult raised by contention among the partisans of these several colours, Procop. Bell. Pers. i. The order in which the chariots or horses stood, was determined by lot ; and the person who presided at the games gave the signal for starting by dropping a napkin or cloth, mappd vel panno misso. Then the chain of the Hermuli being withdrawn, they sprung for- ward, and whoever first ran seven times round the course was victor, Propert. ii. 25. 26. 1. Senec. Ep. 30. Ov. Hal. 68. This was called one match : (unus MISSUS, -us 9 ) for the matter was almost always determined at one heat ; and usually there were twenty-five of these in one day, so that when there were four factions, and one of these started at each time, 100 chariots ran in one day, Sew. in Virg. G, iiio 18. (centum quadrajugi) sometimes many more; Vat 37 290 ROMAN ANTIQUITIES. then the horses commonly went only five times round the course, Suet. Claud. 21. Mr. 22. Domit. 4. The victor, being proclaimed by the voice of a herald, was crown- ed, Suet. Calig. 32. Virg. JEn. hi. 245. and received a prize in mo- ney of considerable value, Martini, x. 50. 74. Juvenal, vii. 113. Palms were first given to the victors at games, after the manner of the Greeks ; and those who had received crowns for their brave- ry in war, first wore them at the games, A. U. 459. Liv. x. 47. — The palm tree was chosen for this purpose, because it rises against a weight piaced on it, (adversus pondus resurgit, et sursum nititur,) Gell. iii. 6. Plin. xvi. 42. s. 81. 12. hence put for any token or prize of victory, Horat. Od. i. 1.5. Juvenal, xi. 181. or for victory itself, Virg. G. iii. Ovid. Trist. iv. 8. 19. Palma lemniscata, a palm crown with ribands, (lemnisci) hanging down from it, Cic. Rose. Am. 35. Festus. Huic eonsilio palman do, I value myself chiefly on ac- count of this contrivance, Ter. Heaut. iv. 3. 31. 2. Contests of agility and strength, of which there were five kinds ; running, (cursus f) leaping, (saltus ;) boxing, (pugilatus ;) wrestling, (lucta ;) and throwing the discus or quoit, (disci jactus ;) hence called Pentatklum, vel -on, (Latine Quinquertium, Festus,) or Certamen Athleticum vel Gymnicum, because they contended na- ked, (yvfMti,) with nothing on but trowsers or drawers, (subligaribus tantum velati,) whence GYMNASIUM, a place of exercise, or a school. ^Fhis covering, which went from the waist downwards, and supplied the place of a tunic, was called Camvestre, Horat. Ep.i. 11. 18. (ire%tg*>f**, Pausan. i. 44.) because it was used in the exercises of the Campus Martins, and those who used it, Campestrati, Augus- tin. de Civ. Dei, xiv. 17. So anciently at the Olympic games, Thucydid. i. 6. The Athletes were anointed with a glutinous ointment called Ce- roma, Martial, vii. 31. 9. iv. 4. & 19. xi. 48. Juvenal, vi. 245. by slaves called Aliptae, Cic. i. 9. 35. whence liquida, palestra, Lu- can. ix. 661. uncta palestra, Ovid. Ep. xix. 11. and wore a coarse shaggy garment called Endromis, -idis, Martial, iv. 19. used of finer stun by women, Juvenal, ibid, also by those who played at that kind of the hand-ball (pila), called Trigon or Harpastum, Martial, ibid. Boxers covered their hands with a kind of gloves, (chirothecce,) which had lead or iron sewed into them, to make the strokes fall with the greater weight, called Cestus vel cestus, Virg. Mn. v.' 379. 400. The combatants (Athleta) were previously trained in a place of exercise, (in palcestra vel gymnasio,) Plaut. Bacch. iii. 3. 14. and restricted to a particular diet, Horat. de Art. Poet. 413. 1. Corinth. ix. 25. In winter they were exercised in a covered place called XYSTUS, vel -um, surrounded with a row of pillars, Peristylium, Vitruv. v. 2. But Xystum generally signifies a walk under the open air, (ambulatio Hypcethra vel subdialis,) laid with sand or gravel, and planted with trees, joined to a Gymnasium, Cic. Att. i. 8. Acad. iv. 3. Suet. Aug. 72. Plin. Ep. ii. 17. ix. 36. The persons thus exercised were called PalcestriUe, or Xystici; ROMAN GAME- 291 and he who exercised them, exercitator, Plin. xxiii. 7. s. 63. Ma- gister vel Doctor Palestricus, Cymnasiarchus, vel -Xystarchus, vel -es. From the attention of Antony to gymnastic exercises at Alex- andria, he was called Gymnasiarcha by Augustus, Dio. 1. 5. 27. Palestra was properly a school for wrestling, (a 7rxXf),"luctatio.) but is put for any place of exercise, or the exercise itself; hence palastram discere, to learn the exercise ; Cic. Orat. iii. 22. These gymnastic games, (gymnici agones,) were very hurtful to morals, Plin. iv. 22. The Athletic games among the Greeks were called ISELASTIC, (from ew% ah, the song of the village,) was a representation of common life, (quotidiance vitce speculum,) written in a familiar style, and usually with a happy issue. The de- sign of it was to expose vice and folly to ridicule. Comedy, among the Greeks, was divided into old, middle, and new. In the first, real characters and names were represented ; in the second, real characters, but fictitious names ; and in the third, both fictitious characters and names. Eupolis, Cratinus, and Aris- tophanes excelled in the old comedy, and Menander in the new, Ho- rat. Sat. i. 4. Epist. ii. 1. 57. Quinctiiian. x. 1. Nothing was ever known at Rome but the new comedy. The Roman comic writers, Naevius, Afranius, Plautus, Csecilius, and Terence, copied from the Greek, chiefly from MENANDER, who is esteemed the best writer of comedies that ever existed, Quinc- tiiian. x. 1. but only a few fragments of his works now remain. We may, however, judge of his excellence from Terence, his princi- pal imitator. Comedies, among the Romans, were distinguished by the charac- ter and dress of the persons introduced on the stage. Thus come- dies were called Togat^, in which the characters and dress were Roman, from the Roman toga, Juvenal, i. 3. Horat. Art. Poet. 238. so carmen togahm, a poem about Roman affairs, Stat. Silv. ii. 7. r>3. 300 ROMAN ANTIQUITIES. PR.ETEXTAT.as vel Pratextm, when magistrates and persons of digni- ty were introduced ; but some take these for tragedies, ibid, Tra- beat.32, when generals and officers were introduced, Suet. Gramm. 21 . Tabernari^s, when the characters were of low rank, Horat, Art, Poet. 225. Palliate, when the characters were Grecian, from palli* um, the robe of the Greeks. Motoric, when there were a great many striking incidents, much action, and passionate expressions. Sta- tarije, when there was not much bustle or stir, and little or nothing to agitate the passions ; and Mixt^, when some parts were gentle and quiet, and others the contrary, Terent, Heaut, prol, 36. Donat, in Terent. Cic. Brut. 1 16. The representations of the Atellani were called ComcedicB Atellauce, The actors of Comedy wore a low-heeled shoe, called Soccus. Those who wrote a play, were said docere vel facere fabulam / if it was approved, it was said stare, stare recto talo, placere, &c. if not, cadere, exigi, exsibilari, &c. II. TRAGEDY is the representation of some one serious and im- portant action, in which illustrious persons are introduced, as, he- roes, kings, &c. written in an elevated style, and generally with an unhappy issue. The great end of tragedy was to excite the pas- sions, chiefly pity and horror ; to inspire the love of virtue, and an abhorrence of vice, Cic. de Orat, i. 51. It had its name, accord- ing to Horace, from Thuyas, a goat, and &>'%, 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 be- ing the destroyer of the vines ; and therefore it was called, r^ctycpSia, the goat's song. (Primi ludi theatrales ex Liberalibus nati sunt, from the feasts of Bacchus, Serv. ad Virg. G, ii. 381.) THESPIS, a native of Attica, is said to have been the inventor of tragedy, about 536 years before Christ. He went about with his actors from village to village, in a cart, on which a temporary stage was erected, where they played and sang, having their faces be- smeared with the lees of wine, (peruncii fcecibus ora,) Horat. de Art. Poet. 275. whence, according to some, the name of Tragedy, (from r^f, -yyes, new wine not refined, or the lees of wine, and ^^5, a sing- er: hence rfvygrifa,, a singer thus besmeared, who threw out scoffs and raillery against people). Thespis was contemporary with Solon, who was a great enemy to his dramatic representations, Plutarch, in Solone, Thespis was succeeded by iEschylus, who erected a permanent stage, (modicis instravit pulpita, tignis,) and was the inventor of the mask, (persona,) of the long flowing robe, (pallet, stola, vel syrma,) and of the high-heeled shoe or buskin, (cothurnus,) which tragedians wore ; whence these words are put for a tragic style, or for tragedy itself, Virg. Eo/. viii. 10. Juvenal, viii. 229. xv. 30. Martial, iii. 20. iv. 49. v. 5. viii. 3. Horat, Od. ii. 1.12. as soccus is put for a com- edy or familiar style, Id. Epish ii. 174. Art. Port. 80. 90. .Wr DRAMATIC ENTERTAINMENTS. 301 eomcedia in cothurnos assurgit, nee contra tragozdia socco ingreditur,) Quinctilian, x. 2. 22. As the ancients did not wear breeches, the players always wore under the tunic a girdle or covering, (Subligaculum vel Subligar verecundice causci.) Cic. Off. i. 35. Juvenal, vi. 60. Martial, hi. 87. After iEschyl us, followed Sophocles and Euripides, who brought tragedy to the highest perfection. In their time comedy began first to be considered as a distinct compositiom from tragedy ; but at Rome comedy was long cultivated, before any attempt was made to compose tragedies. Nor have we any Roman tragedies extant, ex- cept a few which bear the name of Seneca. Nothing remains of the works of Ennius, Pacuvius, Accius, &c. but a few fragments. Every regular play, at least among the Romans, was divided in- to five acts, Horat. Art. Poet. 189. the subdivision- into scenes is thought to be a modern invention. Between the acts of a tragedy were introduced a number of sing- ers called the CHORUS, Horat. de Art. Poet. 193. who indeed ap- pear to have been always present on the stage. The chief of them, who spoke for the rest, was called Chor^gus or Coryphceus. But Choragus is usually put for the person who furnished the dresses, and took care of all the apparatus of the stage, Plaut. Pers. i. 3. 79. Trinumm. iv. 2. 16. Suet. Aug. 70. and choragium for the appara- tus itself, (instrumentum scenarum,Fest.) Plaut. Capt. prol. 61.Plin. xxxvi. 15. choragia for choragi, Vitruv. v. 9. hence falsce choragium glorice, comparetur, their dress may be compared to false glory, Cic, ad Herenn. iv. 50. The Chorus was introduced in the ancient comedy, as we see from Aristophanes ; but when its excessive license was suppressed by law, the Chorus likewise was silenced, Horat. Art. Poet. 283. A Cho- ragus appears and makes a speech, Plaut, Cure. iv. 1. The music chiefly used was that of the flute, which at first was small and simple, and of few holes, Horat. Art. Poet. 202. but after- wards it was bound with brass, had more notes and a louder sound. Some flutes were double, of various forms. Those most frequent- ly mentioned, are the Tibim dextra and sinistra, pares and impares, which have occasioned much disputation among critics, and still ap- pear not to be sufficiently ascertained. The most probable opinion is, that the double flute consisted of two tubes, which were so joined together as to have but one mouth, and so were both blown at once. That which the musician played on with his right hand was called tibia dextra, the righ^-handed flute ; with his left, tibia sinistra, the left-handed flute. The latter had but few holes, and sounded a deep serious bass ; the other had more holes, and a sharper and more lively tone. Plin. 16. 36. s. G6. Varr. R. R. 1. 2. 15. When two right or left-handed flutes were joined together, they were called ti- bia pares dextrce, or tibia pares sinistra. The flutes of different sorts were called tibia impares, or lib ice dextra et sinistrce. The right- handed flutes were the same with what were called the Lydian flutes, (Tibia Lydia.) and the left-handed with the Tyrian flutes. 302 ROMAN ANTIQUITIES. (Tibixs Tyrim or Sar ranee, vel Serrance.) Hence Virgil, Biforem dai tibia cantum, i. e. bisonum, imparem, Mn. ix. 618. Sometimes the flute was crooked, Virg. JEn. vii. 737. Ovid, Met. iii. 532. and is then called Tibia Phrygia or cornu, Id. de Pont. I. i. 39. Fast. iv. 181. III. PANTOMIMES were representations by dumb-show, in which the actors, who were called by the same name with their perform- ances, (Mimi vel Pantomirm,) expressed every thing by their danc- ing and gestures without speaking, {loquaci manu$ hence called also Chironomi,) Juvenal, xiii. 110. vi. 63. Ovid. Trist. ii. 515. Martial, iii. 86. Horat. i. 18. 13. ii. 2. 125. Manil. v. 474. Suet. JNer. 54. But Pantomimi is always put for the actors, who were likewise called Planipedes, because they were without shoes, (excalceati,) Senec. Epist. 8. Quinctilian. v. 11. Juvenal, viii. 191. Gell. i. 11. They wore, however, a kind of wood or iron sandals, called Sca- billa or Scabella, which made a rattling noise when they danced, Cic, CaL 27. Suet. Cal, 54. The Pantomimes are said to have been the invention of Augustus ; for before his time the Mimi both spoke and acted. M1MUS is put both for the actor and for what he acted, Cic, CczL 27. Verr. iii. 36, Rabir. Post. 12. Phil. ii. 27. not only ,on the stage, but elsewhere, Suet, Cces. 39. Ne'r. 4. Oth. 3. Calig. 45. Aug. 45. 100. Sen. Ep. 80. Juvenal, viii. 108. The most celebrated composers of mimical performances or far- ces, (mimographi,) were Laberius and Publius Syrus, in the time of Julius Caesar, Suet. Jul, 39. Hor.at, Sat. i. 10. 6. Gell. xvii. 14. The most famous Pantomimes under Augustus were Pylades and Bathyllus, the favourite of Maseenas, Tacit, Annal, i. 54. He is called by the Scholiast on Persius, v. 123. his freedman, (libertus Mcecendtis ;) and by Juvenal, mollis, vi. 63. Between them there was a constant emulation. Pylades being once reproved by Augus- tus on this account, replied, " It is expedient for you, that the attention of the people should be engaged about us." Pylades was the # great favourite of the public. He was once banished by the power of the opposite party, but soon after restored, Dio, liv. 17. Macrob, Sat, ii. 7. The factions of the different players, £e- ?iec. Ep. 47. Nat, Q. vii. 32. Petron, 5. sometimes carried their discords to such a length, that they terminated in bloodshed, Suet. Tib. 37. The Romans had rope dancers (Funambuli, Schamobata vel Neu- robfitce) who used to be introduced in the time of the play, Ter. Hec. Prol. 4. 34. Juvenal, iii. 77. and persons who seemed to fly in the air, (Petaurist-se,) who darted (jactabant vel excutiebant) their bo- dies from a machine called Petaurum, vel -us, Festus. Juvenal, xiv. 265. Manil. iii. 438. Martial, ii. 86 ; also interludes or musical en- tertainments, called Embolia, Cic. Sext. 54. or acroamata ; but this last word is usually put for the actors, musicians, or repeaters them- selves, who were also employed at private entertainments, Cic. ibid. Verr. iv. 22. Arch, 9. Suet. Aug. 74. Macrob. Sat. ii. 4. Nep. Att. 14. The plays were often interrupted likewise by the people calling out for various shows to be exhibited : as, the representation of bat- DRAMATIC ENTERTAINMENTS, 303 ties, triumphal processions, gladiators, uncommon animals, and wild beasts, he. The noise which the people made on the occasions, is compared by Horace to the raging of the sea, Epist. II. i. 185. &c. In like manner, their approbation, (plausus,) and disapprobation, (si- bilus, sir epitus, fremitus, clamor tonitruum, Cic. Fam. viii. 2. fistula pastoritia, Att. 16.) which at all times were so much regarded, Cic. Pis. 27. Sext. 54. 55. 56. he. Horat. Od. i. 20. ii. 17. Those who acted the principal parts of a play, were called Ado- res primarum partium, $ the second, secundarum partium ; the third, tertiarum,hc. Ter. Phorm. prol. 28.Cic.inCascii. 15. &Ascon.inloc. The actors were applauded or hissed as they performed their parts, or pleased or displeased the spectators, Quinctilian. vi. 1 . Cic. Rose. Com. 2. Att. i. 3. 16. When the play was ended, an actor always said, Plaudite, Terent. fyc. Those actors who were most approved, received crowns, he. as at other games ; at first composed of leaves or flowers, tied round the head with strings, called Struppi, strophia, v. -iola, Festus. Plin. xxi. I. afterwards of thin plates of brass gilt, (e lamina area te- nui inaurata aid inargentata,) called Corolla or corollaria ; first made by Crassus of gold and silver, Plin. xxi. 2. 3. Hence CORO- LIARIUM, a reward given to players over and above their just hire, (additum praetor quam quod debitum est,) Varro. de Lat. Ling. iv. 36. Plin. Ep. vii. 24. Cic. Verr. iii. 79. iv. 22. Suet. Aug. 45. or any thing given above what was promised, Cic. Verr. iii. 50. Plin. ix. 35. s. 57. The Emperor M. Antoninus ordained that players should* receive from five to ten gold pieces, (aurei,) but not more, Capitol in. 11. The place where dramatic representations were exhibited, was called THEATRUM, a theatre, (a Osttopxt, video.) In ancient times the people viewed the entertainments standing ; hence stanfes for spectators, Cic. Amic. 7. and, A. U. 599. a decree of the senate was made, prohibiting any one to make seats for that purpose in fne city, or within a mile of it. At the same time a theatre, which was build- ing, was, by the appointment of the censors, ordered to be pulled down, as a thing hurtful to good morals, (nociturum publicis moribus,) Liv. Epit. xlviii. Valer. Max. ii. 4. 3. Afterwards temporary theatres were occasionally erected. The most splendid was that of M. iEmilius Scaurus, when aedile,, which contained 80,000 persons, and was adorned with amazing magnifi- cence, and at an incredible expense, Plin. xxxvi. 15. s. 24. 8. Curio, the partisan of Caesar, at the funeral exhibition in honour of his father, (funebri patris munere,) made two large theatres of wood, adjoining to one another, suspended, each, on hinges, (cardi- rami singulorum versatili suspensa hbramento,) and looking opposite ways, {inter se aversa.) so that the scenes should not disturb each other by their noise, (ne inticem obstrepereni ;) in both of which he acted stage-plays in the former part of the day ; then having sud- denly wheeled them round, so that they stood over against one an- other, and thus formed an amphitheatre, he exhibited shows of gla- diators in the afternoon, Plm. xxxvi. 1 304 ROMAN ANTIQUTFIJL Pompey first reared a theatre of hewn stone in his second consul- ship, which contained 40,000 ; but that he might not incur the ani- madversion of the censors, he dedicated it as a temple to Venus, Suet. Claud, 21. Tertullian. de Sped. 10. Plin. viii. 7. Dio. xxxix. 38. Tacit, xiv. 1 9. There were afterwards several theatres, and in particular those of Marcellus, Dio. xliii. 49. and of Balbus. near that of Pompey, Ovid, Trist. iii. 12. 13. Amor, ii. 7. 3. hence called tria theatra, the three theatres, Suet. Aug. 45. Ovid, Art. iii. 394. Trist, iii. 12. 24. Theatres at first were open at top, and, in excessive heat or rain, coverings were drawn over them, as over the amphitheatre, Plin, xix. 1. s. 6. xxxvi. 15. s. 24. Lucret. iv. 73. but in later times they were roofed, Stat. Sylv. iii. 5. 91. Among the Greeks, public assemblies were held in the theatre. Cic, Flacc. 7. Tacit, ii. 80. Senec. Epist. 108. And among the Ro- mans it was usual to scourge malefactors on the stage, Suet, Aug, 47. This the Greeks called Qexrgigeiv et KetfaietyrMtTigeti. The theatre was of an oblong semicircular form, like the half of an amphitheatre, Plin. xxxvi. 16. The benches or seats (gradus vel cunei) rose above one another, and were distributed to the differ- ent orders, in the same manner as in the amphitheatre. The fore- most rows next the stage, called Orchestra, were assigned to the se- nators and ambassadors of foreign states ; fourteen rows behind them to the equiies, and the rest to the people, Suet. Aug. 44. The whole was called CAVEA. The foremost rows were called Cavea prima, or ima; the last, cavea ultima or summa, Cic. Senect. 14. The mid- dle, cavea media, Suet. ibid. The parts of the theatre allotted to the performers, were called Scena, Postscenium, Proscenium, Pulpitum, and Orchestra. 1. SCENA, the scene, was adorned with columns, statues, and pictures of various kinds, according to the nature of the plays exhi- bited, Vitruv, v. 8. to which Virgil alludes, JEn. i. 166. 432. The ornaments were sometimes inconceivably magnificent, Valer. Max, ii. 4. 6. Plin. xxxvi. 15. s. 24. When the scene was suddenly changed by certain machines, it was called Scena Versatilis; when it was drawn aside, Scena ductilis, Serv, ad Virg. G. iii. 24. The scenery was concealed by a curtain, (AULjEUM vel Sipa- rium, oftener plural -«,) which, contrary to the modern custom, was dropt (premebatur) or drawn down, as among us the blinds of a car- riage, when the play began, and raised (tollebatur) or drawn up, when the play was over; sometimes also between the acts, Horat. Ep, ii. 1. 189. Art, Poet, 154. Ovid. Met. iii. 111. Juvenal, vi. 166. The machine by which this was done was called Exostra, Cic, prov. Cons. 6. Curtains and hangings of tapestry were also used in pri- vate houses, Virg.. /En, i. 701. Horat. Od. iii. 29. 15. Sat. ii. 8. 54. called Aulaa Attalica. because said to have been first invented at the court of Attalus, king of Pergamus, in Asia Minor, Propert. ii. 23. 46. Serv. in Virg. JEn. i. 701. 2. POSTCENIUM, the place behind the scene, where the actors LEVYING OF SOLDIER^ 305 dressed and undressed ; and where those things were supposed to be done, which could not with propriety be exhibited on the stage, Horat. de Art. P. 132. Lucret. iv. 1178. 3. PROSCENIUM, the place before the scene, where the actors appeared. The place where the actors recited their parts was called PUL- PITUM; and the place where they danced. ORCHESTRA, which was about rive [eet lower than the Pulpitum. Vitruv. v. 6. Hence Ludibria scend et pulpito digna, buffooneries fit oniy for the stage, PUn, Ep. iv. 25. MILITARY AFFAIRS of the ROMANS. I. LEVYIXG of SOLDIERS. The Romans were a nation of warriors. Every citizen was ob- liged to enlist as a soldier when the public service required, from the age of seventeen to forty-six ; nor at first could any one enjoy an office in the city, who had not served ten campaigns, Polyb. vi. 17. Every foot soldier was obliged to serve twenty campaigns, and eve- ry horseman ten. At first, none of the lowest class was enlisted as soldiers, nor freedmen, unless in dangerous junctures, Liv. x. 21. xxii. 11.57. But this was afterwards altered by Marius, Sallust. Jug. 86. Gell. xvi. 10. The Romans, during the existence of the republic, were almost always engaged in wars ; first, with the different states of Italy, for near 500 years, and then for about 200 years more in subduing the various countries which composed that immense empire. The Romans never carried on any war, without solemnly pro- claiming it. This was done by a set of priests called Feciales. When the Romans thought themselves injured by any nation, they sent one or more of these Feciales to demand redress, (ad res repe- teadas,) Liv. iv. 30. xxxviii. 45. Varr. L. L. iv. 15. Dionys. ii. 72. and, if it was not immediately given, thirty-three days were granted to consider the matter, after which, war might be justly de- clared. ' Then the Feciales again went to their confines, and having thrown a bloody spear into them, formally declared war against that nation, Li:, i. 32. The form of words, which^he pronounced be- fore he threw the spear, was called CLARIGATIO, (a clara voce qua utebatur,) Serv. in Virg. iEn. ix. 52. x. 14. PUn. xxii. 2. Af- terwards, when the empire was enlarged, and wars carried on with distant nations, this ceremony was performed in a certain field near the city, which was called Ager Hostilis, Ovid. Fast. vi. 205. Thus Augustus declared war professedly against C'eopatra, but in reality against Antony, Dio. i. 4. So Marcus Antoninus, before he set out to war against the Scythians, shot a bloody spear from the temple of Bellona into the ager hostilis. Dio. Ixxi. 53. In the first age> of the republic, four legions for the most part were annually raised, two to each consul : for two legions composed a con- sular army. But often a greater number was raised, ten, Liv. ii. 30. 39 306 "ROMAN ANTIQUITIES. vii. 35. eighteen, xxiv. 11. twenty, xxx. 2. twenty-one, xxvi. 28. xxvii. 24. twenty-three, xx. 1. xxviii. 38. Under Tiberius twenty- five, even in time of peace, besides the troops in Italy, and the forces of the allies, Tacit. Annul, iv. 5. under Adrian thirty, Spar- tian. 15. In the 529th year of the city, upon the report of a Gallic tumult, Italy alone is said to have armed 80,000 cavalry, and 700,000 foot, Plin. lii. 20. s. 24. But in after times, when the lands were cultivated chiefly by slaves, Liv. vi. 12. it was not so easy to procure soldiers. Hence, after the destruction of Quintilius Varus and his army in Germany, A. U. 763, Augustus could not raise forces even to defend Italy and Rome, which he was afraid the Germans and Gauls would attack, without using the greatest rigour, Dio. lvi. 23. The consuls, after they entered on their office, appointed a day {diem edicebant, vel indicebant), on which all those who were of the military age, should be present in the capital, Liv. xxvi. 31. Polyb. vi. 17. On the day appointed, the consuls, seated in their curule chairs, held a levy (dekctam habebant), by the assistance of the military or legionary tribunes, unless hindered by the tribunes of the commons, Liv. iii. 51. iv. 1. It was determined by lot, in what manner the tribes should be called. The consuls ordered such as they pleased to be cited out of each tribe, and every one was obliged to answer to his name under a se- vere penalty, Liv. iii. 11. & 41. Gell. xi. 5. Valer. Max. vi. 3. 4. They were careful to choose (legere) those first, who had what they thought lucky names, (bona nomina,) as Valerius, Salvius, Stalorius, &c. Cic. Divin. i. 45. Festus in Voce Lacus Lucrinus. Their names were written down on tables ; hence scribere, to enlist, to levy or raise. In certain wars, and under certain commanders, there was the greatest alacrity to enlist, (nomina dare) Liv. x. 25. xlii. 32. but this was not always the case. Sometimes compulsion (coercitio) was re- quisite ; and those who refused, (refractarii, qui militiam detrec- tabant,) were forced to enlist (sacramento adacti) by fines and corpo- ral punishment, (damno et virgis,) Liv. iv. 53. vii. 4. Sometimes they were thrown into prison, ibid. & Dionys. viii. or sold as slaves, Cic. Ccecin. 34. Some cut off their thumbs or fingers to render themselves unfit for ser ice : Hence pollice trunci, poltroons. But this did not screen them from punishment, Suet. Aug. 24. Valer. Max. vi. 3. 3. On one occasion Augustus put some of the most re- fractory to death, Dio. lvi. 23. There were, however, several just causes of exemption from milita- ry service, (vacationis militia vel a militia,) of which the chief were, Age, (JEtas,) if above fifty, Liv. xlii. 33. 34. Disease or infirmity, (morbus vel vitium,) Suet. Aug. 24. Office, (honor,) being a magis- trate or priest, Plutarch, in Camill. vers. Jin. Favour or indulgence (beneficium) granted by the senate or people, Cic. Phil, v. 19. de Nat* X). ii. 2. Liv. xxxix. 19. Those also were excused who had served out their time, (Emeri- ti, qui stipendia explevissent, vel defuncti, Ovid. Amor, i'u 9. 24.) LEVYING OF SOLDIERS. 307 Such as claimed this exemption, applied to the tribunes of the com- mons, Liv. ii. 55. who judged of the justice of their claims, (causas cognoscebant,) and interposed in their behalf or not, as they judged proper. But this was sometimes forbidden by the decree of the senate, Liv. xxxiv. 5Q. And the tribunes themselves sometimes re- ferred the matter to the consuls, Liv. xlii. 32. 33. &c. In sudden emergencies, or in dangerous wars, as a war in Italy, or against the Gauis, which was calied TUMULTUS, (quasi timor multus, vel a tumeo,) Cic. Phil. v. 31. viii. 1. Quinctilian. vii. 3. no regard was had to these excuses, (delectus sine vacationibus habi- tus est,) Liv. vii. 11. 23. viii. 20. x. 21. Two flags were displayed (vexilla sublata vel prolata sunt) from the capitol, the one red, (ro- seum,) to summon the infantry, (ad pe elites evocandos^) and the other green, (caruteum.)to summon the cavalry, Serv. in Virg. JEn. viii. 4. On such occasions, as there was not time to go through the usual forms, the consul said, Qui rempublicam salvam esse vult, me sequatur. This was called CONJURATIO, or evocatio, and men thus raised, Conjurati, Liv. xxii. 38. Cces. de-Bell. G. vii. 1. who were not considered as regular soldiers, Liv. xlv. 2. Soldiers raised upon a sudden alarm, (in tumultu; nam, tumultus nonnunquam levior quam bellum, Liv. ii. 26.) were called Subita- rii (ita repentina auxilia appellabant,) Liv. iii. 4. 30. or Tumultu- arii, Liv. i. 37. xxxv. 2. not only at Rome, but also in the pro- vinces, ibid. & xl. 26 ; when the sickly or infirm were forced to en- list, who were called Causarii, Liv. vi. 6. If slaves were found to have obtruded themselves into the service, (inter tirones,) they were sometimes punished capitally, (in eos animadversum est,) Plin. Ep. x. 38. & 39. The cavalry were chosen from the body of the Equites, and each had a horse, and money to support him, given them by the public, Liv. i. 43. On extraordinary occasions, some Equites served on their own horses, Liv. v. 7. But that was not usually done ; nor were there, as some have thought, any horse in the Roman army, but from the Equites, till the time of Marius, who made a great alteration in the military system .of the Romans, in this, as well as in other respects. After that period, the cavalry was composed not merely of Roman Equites, as formerly, but of horsemen raised from Italy, and the other provinces : and the infantry consisted chiefly of the poorer citizens, or of mercenary soldiers, which is justly reckoned, one of the chief causes of the ruin of the republic. After the levy was completed; one soldier was chosen to repeat over the words of the military oath, (qui reliquis verba sacramenti prosiret,) and the rest swore after him, (in verba ejus jurabant.) Every one, as he passed along, said, Idem in me, Festus in Prs:ju- rationes, Liv. ii. 45. Polyb. vi. 19. The form of the oath does not seem to have been always the same. The substance of it was, that they would obey their commander, and not desert their standards. &c, Liv. iii. 20. xxii. 38. Gell.w'u 4. 308 ROMAN ANTIQUITIES. Sometimes those below seventeen were obliged to take the military oath, (sacramento vel -um dicere,) Liv. xxii. 57. xxv. 5. Without this oath, no one could justly fight with the enemy, Cic, Off, i. !(• Hence sacramenta is put for a military life, Juvenal, xvi. 35. Livy says, that it was first legally exacted in the second Punic war, xxii. 38. where he seems to make a distinction between the oath (Sacramentum) which formerly was taken voluntarily, when the troops were embodied, and each decuria of cavalry, and century of foot, swore among themselves (inter se equites decuriati, pedites cen- turiati conjurabant,) to act like good soldiers, (sesefugce acformidi- nis ergo non abituros, neque ex ordine resessuros ;) and the oath, (jusjurandum,) which was exacted by the military tribunes after the levy, (ex voluntario inter ip so s feeder e a tribunis ad legitimam juris- jurandi actionem trans latum,) On occasion of a mutiny, the military oath was taken anew, Liv, xxviii. 29. Under the emperors, the name of the prince was inserted in the military oath, Tacit, Hist, iv. 31. and this oath used to be renewed every year on his birth-day, Plin, Ep, x. 60. by the soldiers and the people in the provinces; Id. Pan. 68. also on the kalends of Janua- ry, Suet, Galb, 16. Tacit. Annal, xvi. 22. Hist, i. 12. On certain occasions, persons were sent up and down the country to raise soldiers, called CONQUISITORES, and the force used for that purpose, Coercitio vel Conquisitio, a press or impress, Liv, xxi. 11. xxiii. 32. Cic, de Prov, Cons, 2. Att, vii. 21. Hist, de Bell, Alex, 2. Sometimes, particular commissioners (triumviri) were ap- pointed for that purpose, Liv. xxv. 5. Veteran soldiers, who had served out their time, (homines emeri- tis stipendiis,) were often induced again to enlist, and were then call- ed EVOCATI, Liv, xxxvii. 4. Cic, Fam. iii. 7. Cces, Bell. Civ. iii. 53. Sallust. Jug, 84. Dio. xlv. 12. Galba gave this name to a body of equites, whom he appointed to guard his person, Suet, Galb, 10. The Evocati were exempted from all the drudgery of military ser- vice, (caterorum immunes, nisi propulsandi hostis,) Tacit. Annal. i. 36. After Latium and the states of Italy were subdued, or admitted into alliance, they always furnished at least an equal number of in- fantry with the Romans, and the double of cavalry, Liv. viii. 8. xxii. 36. sometimes more. (See p. 67.) The consuls, when about to make a levy, sent them notice what number of troops they required, (ad socios Latinumque nomen ad milites ex formula accipiendos mit- twit, arma, tela, alia parari jubent, Liv. xxii. 57.) and at the same time appointed the day and place of assembling, (quo convenirent,) Liv. xxxiv. 56. xxxvii. 4. The forces of the allies seem to have been raised, (scripti vel con- scripti,) much in the same manner with those of the Romans. They were paid by their own states, Liv, xxvii. 9. & 11. and received nothing from the Romans but corn ; on which account they had a pay- master (Qimstor) of their own, Polyb, vi. But when all the Italians were admitted to the freedom of the city, their forces were incorpo- rated with those of the republic. DIVISION OF THE TROOPS. 309 The troops sent by foreign kings and states were called auxilia- ries, (AUXIL1ARES milites vel auxilia, ab augeo, Cic. Att. vi. 5. Varr. & Fest.) They usually received pay and clothing from the republic, although they sometimes 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 men- tioned before that time, Liv. xxi. 46. 48. 55. 56. xxii. 22. Under the emperors, the Roman arnves were in a great measure composed of foreigners ; and the provinces saw with regret the flow- er of their youth carried off for that purpose, Tacit. Hist. iv. 14. Agric. 31. Each district was obliged to furnish a certain number of men, in proportion to its extent and opulence. II. DIVISION of the TROOPS in the ROMAN ARMY; their ARMS, OFFICERS, and DRESS. After the levy was completed, and the military oath administer- ed, the troops were formed into legions, (LEG 10 a legendo, quia milites in delectu legebantur, Varro. L. L. iv. 16. which word is sometimes put for an army, iv. ii. 26. &c. Sallust. Jug. 79.) Each legion was divided into ten cohorts, each cohort into three maniples, and each maniple into two centuries, (MAPWPULUS, ex manipulo velfasciculo fceni, hastm, vel perticce longce alligato, quern quo signo primum gerebat, Ovid. Fast. iii. 117.) So that there were thirty maniples and sixty centuries in a legion, Gell. xvi. iv. and if there always had been 100 men in each century, as its name imports, the legion would have consisted of 6000 men. But this was not the case. The number of men in a legion was different at different times, Liv. vii. 25. viii. 8. xxvi. 28. xxix, 24. xlii. 31. xlii. 12. Cms. B. C. iii. 106. B. AL 69. In the time of Polybius it was 4200. There were usually 300 cavalry joined to each legion, called JUS- TUS EQUITATUS, or ALA, ibid. . Plin. xvi. 3. Tac. Ann. xii. 5Q. cum paludatis ducibus, officers in red coats, Juve- nal, vi. 399. and, according to some, by the lictors who attended the consul in war, Liv. xli. 10. xlv. 39. Chlamys was likewise the name of a travelling dress, (vestis viatoria :) hence Chlamydatus, a travel- ler or foreigner, Plaut. Pseud, iv. 2. 8. sc. 7. 49. The military cloak of the officers and soldiers was called SAGUM, also Chlamys, Plaut. Rud. ii. 2. 9. an open robe drawn overthe other clothes and fastened with a clasp, Suet. Aug. 26. opposed to toga, the robe of peace. When there was a war in Italy, (in tumultu,) all the citizens put on the sagum : Hence Est in sagis civitas, Cic. Phil, viii. 11. sumere saga, ad saga ire; et redire ad togas, Id. v. 12. xiv. 1. also put for the general's robe ; thus, Punico lugubre mutavit sa- gum, i. e. deposuit coccineam chlamydem Antonius, et accepit nigram, laid aside his purple robe and put on mourning, Horat. Epod. ix. 27. III. DISCIPLINE of the ROMANS, their MARCHES and EN- CAMPMENTS. The discipline of the Romans was chiefly conspicuous in their marches and encampments. They never passed a night, even in the longest marches, without pitching a cam}), and fortifying it with a rampart and ditch, Liv. xli v. 39. Sallust. Jug. 45. & 91 . Per- sons were always sent before to choose and mark out a proper place for that purpose, (castra metari.) Hence called METATORES ; thus, Alteris castris vel secundis, is put for altero die, the second day; tertiis castris, quintis castris, &c. Tacit. Hist. iii. 15. iv. 71. Ccbs. B. G. vii. 36. When the army staid but one night in the same camp, or even two or three nights, it was simply called castra, and in later ages 40 314 ROMAN ANTIQUITIES. MANSIO ; which word is also put for the journey of one day, Phu. xii. 14. or for an inn, Suet. Tit. 10. as rT«3>M$ among the Greeks. When an army remained a considerable time in the same place, it was called Castra STATIVA, a standing camp ; JESTIVA, a sum- mer camp; and HIBERNA, a winter camp; (which was first used in the siege of Ve;i,) Liv. v. 2. Hibernacula adificavit, xxiii. 39. The winter quarters of the Romans were strongly fortified, and furnished, particularly under the emperors, with every accommoda- tion like a city, as storehouses, (armaria.) workshops, (fabrica,) an infirmary or hospital, (valetudinarium,) &c. Hence from them many towns in Europe are supposed to have had their origin ; in England, particularly, those whose names end in cestor or Chester. The form of the Roman camp was a square, (quadrata,) and al- ways of the same figure, Polyb. vi. 25. In later ages, in imitation ot the Greeks, they sometimes made it circular, or adapted it to the na- ture of the ground, Veget. i. 23. It was surrounded with a ditch, (Fossa,) usually nine feet deep and twelve feet broad, and a ram- part(VALLUM),composed ofthe earth dug from the ditch,( AGGER,) and sharp stakes, (sudes, VALLI vel pali) stuck into it, Virg. G. ii. 25. Cms. B. Civ. ii. 1.15. Polyb. xvii. 14. & 15. The camp had four gates one on each side ; the first called Por- ta PRETORIA, vel Extraordinaria, next the enemy, Liv. xl. 27. 2. DECUMAN A, opposite to the former, (ab tergo castrorum et hosti aversa, vel ab hoste,) Liv. iii. 5. x. 32. Cass. B. G. ii. 24. Civ. iii. 79. Porta principalis dextra and principalis sinistra, Liv. xl. 27. were the names ofthe two others. The camp was divided into two parts, called the upper and lower. The upper part (pars castrorum superior) was that next the porta prcetoria, in which was the general's tent, (ducis tabernaculum,) call- ed PRiETORIUM. also Augurale, Tacit. Annal. ii. 13. xv. 30. from that part of it where he took the auspices (auguraculum, Fest. vel Augur atorium, Hygin. de castrament.) or Augustale, QuinctiL viii. 2. 8. with a sufficient space around for his retinue, the praetori- an cohort, &c. On one side ofthe Pratorium were the tents ofthe lieutenant-generals, and on the other that of the Quaestor, QU^S- TOR1UM, which seems anciently to have been near the porta decu- mana, hence called Qucestoria, Liv. x. 32. xxxiv. 47. Hard by the quaestor's tent was the FORUM, called also Quintana, where things were sold and meetings held, Liv. xli. 2. Suet. Ner. 26. Polyb. vi. 38. In this part of the camp were also the tents of the tribunes, prefects of the allies, the Evocati, Ablecti, and Extraordinarily both horse and foot. But in what order they were placed does not ap- pear from the classics. We only know that a particular place was assigned both to officers and men, with which they were all perfect- ly acquainted. The lower part of the camp was separated from the upper by a broad open space, which extended the whole breadth of the camp, called PRINCIPIA, Liv. vii. 12. where the tribunal of the general was erected, when he either administered justice or harangued the armv. Tacit, Annul, i. 67. Hist. iii. 13. where the tribunes held DISCIPLINE OF THE ROMANS, Ln. JIo their courts, (jura reddebant,) Liv. xxviii. 24. and punishments were inflicted, Suet. Otho. i. Aug. 24. Liv. viii. 32. ix. 1G. where the principal standards of the army, and the altars of the gods stood, Ta- cit. Annal. i. 39. also the images of the Emperors, Id. iv. 2. xv. 29. by which the soldiers swore, Liv. xxvi. 48. Horat. Od. iv. 5. Ep. ii. 1.19. and deposited their money at the standards, (ad vel apud sig- na,) as in a sacred place ; Suet. Dam. 7. each a certain part of his pay, and the half of a donative, which was not restored till the end of the war, Veget. ii. 20. In the lower part of the camp the troops were disposed in this manner : The cavalry in the middle ; on both sides of them the Tria- rii, Principes, and Hastati; next to them on both sides were the ca- valry and foot of the allies, who, it is observable, were always posted in separate places, lest they should form any plots, (we quid novce rei molirentur,) by being united. It is not agreed what was the place of the Velites. They are supposed to have occupied the empty space between the ramparts and the tents, which was 200 feet broad. The same may be said of the slaves, (Calones vel servi,) and retainers or followers of the camp, (lix^e, qui exercitum sequebantur, quwstvv gratia, Festus,) Liv. xxiii. 16. These were little used in ancient times. A common soldier was not allowed a slave, but the officers were, Sallust. Jug. 45. The Lixw were sometimes altogether pro- hibited, ibid. At other times they seem to have stayed without the camp, in what was called Procestria (asdificia extra castra,) Festus; Tacit. Hist. iv. 22. The tents (tentoria) were covered with leather or skins extended with ropes : hence sub pellibus hiemare, Fior. i. 12. durare, Liv. v. 2. haberi, Id. 37. 39. retineri, in tents, or in camp, Tacit. Ann. 13. 35. So Cic. Acad. iv. 2. In each tent were usually ten soldiers, with their decanus or petty officer who commanded them, (qui Us prafuit ;) which was properly called Contubernium, and they Contubernahs. Hence young no- blemen under the general's particular care, were said to serve in his tent, (contubernio ejus militarc,) and were called his Contuber- nales, Suet. Jul. 42. Cic. Cozl. 30. Plane. 21. Sallust. Jug. 64. Hence, Vivere in contubernio alicujus, to live in one's family, Plin. Ep. vii. 24. Contubernalis, a companion, Id. i. 19. x. 3. The centu- rions and standard-bearers were posted at the head of their companies. The different divisions of the troops were separated by intervals, called VLE. Of these there were five longwise, (in longum,) i. e. running from the decuman towards the praetorian side ; and three across, one in the lower part of the camp, called Quintana, and two in the upper, namely, the Principia already described, and another between the Prmtorium and the Praetorian gate. The rows of tents between the vice, were called Strict, (pvpxi.) In pitching the camp, different divisions of the army were ap- pointed to execute different parts of the work, under the inspection of the tribunes or centurions, Juvenal, viii. 147. as they likewise were during the encampment to perform different services, (mini*, teria,) to procure water, forage, wood. &c. From these certain 31(i HUMAN ANTIQUITIES. persons were exempted, (immunes operum militarium, in unumpx nee labor em reservati, Liv. vii. 7.) either by law or custom, as the Equites, Val. Max. ii. 9. 7. the Evocati and veterans, Tacit, Annal. i. 36. or by the favour (benefcio) of their commander; hence called Beneficiarii, Festus, Cces. B. C. i. 75. But afterwards this ex- emption used to be purchased from the centurions, which proved most pernicious to military discipline, Tacit. Annal. i. 17. Hist. i. 46. The soldiers obliged.to perform these services were called Munifi- ces, Veget. ii. 7. 19. Under the emperors, there was a particular officer in each legion who had the charge of the camp, called Pr^efectus castrorum, Tacit. Annal. i. 20. xiv. 37. Hist. ii. 29. Veget. ii. 10. A certain number of maniples were appointed to keep guard at the gates, on the rampart, and in other places of the camp, before the Prcetorium, the tents of the Legatx, Quasstor, and* tribunes, both by day and by night, (agere excubias vel stationes et vigilias.) who were changed every three hours, Polyb. vi. 33. ExcuBiiE denotes watches either by day or night; Vigili^, only by night. Guards placed before the gates were properly called Stationes, on the rampart Custodije, Liv. xxv. 40. xliv. 33. But statio is also put for any post ; hence, Vetat Pythagoras injussu im- peratoris, id est, Dei, de prcesidio et statione vitce decedere, Cic. Sen. 20. Whoever deserted his station was punished with death, Suet. Aug. 24. Every evening, before the watches were set, (antequam vigilim disponerentur.) the watch-word (symbolum) or private signal, by which they might distinguish friends from foes, Dio. xliii. 34. was distributed through the army by the means of a square tablet of wood in the form of a die, called TESSERA, from its four corners, (retrr*?^, -*, quatuor.) On it was inscribed whatever word or words the gene- ral chose, which he seems to have varied every night, Polyb. vi. 32. A frequent watch-word of Marius was Lar Deus; of Sulla, Apol- lo Delphicus, and of Caesar, Venus Genitrix, &c. Serv. ad Virg. JEn. vii. 9S7. of Brutus, libertas, Dio. 47. 43. It was given, (tes- sera data est) by the general to the tribunes and prefects of the allies, by them to the centurions, and by them to the soldiers. The person who carried the Tessara from the tribunes to the centurions, was called Tesserarius, Tacit. Hist. i. 25. In this manner also the particular commands of the general were made known to the troops, Liv. vii. 35. ix. 32. xxvii. 46. xxviii. 14. Suet. Galb. 6. which seems likewise sometimes to have been done viva voce, Liv. xlv. 33. Every evening, when the general dismissed his chief officers and friends, (cum Pr;etorium dimittebat,) after giving them his com- mands, all the trumpets sounded, Liv. xxx. 5. xxi. 54. xxvi. 15. xxxvii. 5. Certain persons were every ni^ht appointed to go round (circu- mire vel obire) the watches : hence called circuitores, vel Circito- res. This seems to have been at first done by the equites, Liv. xxii. 1. and tribuots, Id. xxviii. 24. on extraordinary occasions by the 5CIPUNE OF THE ROMAN* 17 aid general himself, Sallust. Jug. 45. At last, particular per- sons were Chosen for that purpose by the tribunes. Veget. iii. 8. The Romans used only wind-instruments of music in the army, These were the TUBA, straight like our trumpet : CORNU, the horn, bent almost round : BUCClNA. similar to the horn, commonly .used by the watches; L1TUUS. the clarion, bent a little at the end, like the aucur's staff or lituus ; all of brass: W hence those, who blew them, were called jENEATORES, Suet. Jul. 32. The Tuba was used as a signal for the foot, the Lituus for the horse, Acron. ad Ho- rat. Od. i. 1 . 23. bit they are sometimes confounded. Virg. JEn_. vi. 167. and both called Concha, because first made of shells, Id. 171. The signal was given for changing the watches (vigiliis mutandis) with a trumpet or horn (tuba). Lucan. .viii. 24. (huccina). Liv. vii. 35. Tacit. Hist. v. 22. hence ad teriiarn buccinam. for vigiliam, Liv. xxvi. 15. and the time was determined by hour-glasses, (per clepsy- dras,) Veget. iii. 8. See p. 211. A principal part of the discipline of the camp consisted in exer- cises, (whence the army was called Exercitus.) walking and run- ning (decursio), completely armed, Liv. xxiii. 35. xxvi. 51. xxix. 22. Polyb. vi. 20. leaping, swimming. Suet. Aug. 65. vaulting (sali- tio) upon horses of wood. Vtgtt. i. 18. shooting the arrow r , and throwing the javelin ; attacking a wooden figure of a man as a real enemy, (exercitia ad palum. vel Palaria,) Juvenal, vi. 246. the carrying of weights. &x. Virg. G. iii. 346. When the general thought proper to decamp, (castra movere.) he gave the signal for co flee ting the baggage (colligeadi vtisa). where- upon all took down their tents, (tabernacula detendebant.) but not till they saw this done to the tents of the general and tribunes, Po- lyb. vi. Upon the next signal, they put their baggage on the beasts of burden, and upon the third signal began to march; first, the ex- traordinurii and the allies of the right wing with their baggage ; then the legions, and last of all the allies on the left wing, with a party of horse in the rear, (ad agmen cogendvm. i. e. colligendum., to prevent straggling.) and sometimes on the flanks, in such order, (composite agmint. non itineri magis apto. quam nrailio.) that they might readily he formed into a line of battle, if an enemy attacked them. An army in close array was called Agmen pilatum. Serv. in Virg. ."En. xii. 121. veljustum. Tacit. Hist. i. 68. When under no ap- prehension of an enemy, they were less guarded, (agmine incauio, i. e. minus munito. r pacatos ducebat. sc. consul.) Liv, xxxv. 4. The form of the armv on march, however, varied according to circumstances and the nature of the ground, Liv. xxxv. 4. 27. 28. It was sometimes disposed into a square, (agmen quadratum.) with the baggage in the mid lie. Liv. xxxi. 37. xxxix. 30. Hirt. de bell. Gall. viii. 8. Tacit. Ann. 1. 51. Scouts (speculator es) were always sent before to reconnoitre the ground, (ad omnia exploranda,) Suet. Jul. 5d. Sail. Jug. 46. Acer- tain kind of soldiers under the emperors were called SPECULATO- RES. Tacit. Hist. i. 24. 25. 27. ii. 11 . 33. 13. Suet, Claud. 35. Oth. 5. The soldiers were trained with great care to observe the military ;U$ ROMAN ANTIQUITIES k <• pace, (gradu militari incedere,) and to follow the standards, (signv sequi.) For that purpose when encamped, they were led out thrice a month, sometimes ten, sometimes twenty miles, less or more, as the general inclined. They usually marched at the rate of twenty miles in five hours, sometimes with a quickened pace {gradu vel ag~ mine citato) twenty-four miles in that time, Veget. i. 9. The load which a Roman soldier carried is almost incredible, Virg. G. iii. 346. Horat. Sat. ii. 2. 10. victuals (cibaria) for fifteen days, Cic. Tiisc. ii. 15. 16. sometimes more, Liv. Epit. 57. usually corn, as being lighter, sometimes drest food, (coctus cibus,) Liv. iii. 27. uten- sils, (utensilia,) ib. 42, a saw, a basket, a mattock, (rutrum,) an axe, a hook, and leathern thong, (falx et lorum ad pabulandum,) a chain, a pot, &c. Liv. xxviii. 45. Horat. Epod. ix, 13. stakes, usually three or four, sometimes twelve, Liv. iii. 27. the whole amounting to sixty pounds weight, besides arms ; for a Roman soldier considered these not as a burden, but as a part of himself, (arma membra milites du- cebant,) Cic. Tusc. ii. 16. Under this load they commonly marched twenty miles a day, sometimes more, Veget. i. 10. Spartian. Adrian. 10. There were beasts of burden for carrying the tents, mills, baggage, &c. (Jumenta sarcinaria,CW. B. C. i. 81.) The ancient Romans rarely used wagons, as being more cumbersome, and the roads rough and difficult, Sallust. Jug. 45. The general usually marched in the centre, sometimes in the rear, or wherever his presence was necessary, Ibid, et Polyb. x. 22. When they came near the place of encampment, some tribunes and centurions, with proper persons appointed for that service, (cum metatoribus,) were sent before to mark out the ground, and assign to each his proper quarters, which they did by erecting flags (yexilla) of different colours in the several parts. The place for the general's tent was marked with a white flag, and when it was once fixed, the places of the rest followed of course, as being ascertained and known, Polyb, vi. 39. When the troops came up, they immediately set about making the rampart, (vallum jaciebant,) while part of the army kept guard (prcecidium agitabant), to prevent surprise. The camp was always marked out in the same manner, and fortified, if they were to continue in it only for a single night, Joseph. Bell. Jud. iii. 6. IV. The ORDER of BATTLE, and the different STANDARDS. The Roman army was usually drawn up in three lines, (triplice acic, vel triplicibus subsidiis, Sallust. Jug. 49.) each several rows deep. The Hastati were pTaced in the first line ; (in prima acie, vel in principiis;) the Principes in the second ; and the Triarii or Pilani in the third ; at proper distances from one another. The Principes are supposed anciently to have stood foremost. Hence post principia, behind the first line, Ter. Eun. iv. 7. 11. Liv. ii. 65. iii. 22. viii. 10, Transvorsis principiis, the front or first line being turned into the flank, Sallust* Jug. 49, Liv, viii. 8. xxxvii. 89. ORDER OF BATTLE, fee. 319 A maniple of each kind of troops was placed behind one another, so that each legion had ten maniples in front. They were not placed directly behind one another as on a march, (agmine quadrate-,) but obliquely, in the form of what is called a Quincunx, Vir. G. ii. 279. unless when they had to contend with elephants, as at the battle of Zama, Polyb. xv. 9. et Appian. Liv. xxx. 33. There were certain intervals or spaces (VliE) not only between the lines, but likewise between the maniples. Hence ordines explicare, to arrange in order of battle, Liv. iii. 60. and in the maniples each man had a free space of at least three feet, both on the side and behind, Polyb, xvii. 26. The Vilites were placed in the spaces or intervals (in viis) be- tween the maniples, Liv. xxx. 33. Sallust. ibid, or on the wings, xlii. 58. The Roman legions possessed the centre, (mediam aciem tenebant.) the allies and auxiliaries the right and left wings, (cornua,) Lb. xxxvii. 39. The cavalry were sometimes placed behind the foct. whence they were suuJenly let out on the enemy through the inter- vals between the maniples, Liv. x. 5. but they were commonly post- ed on the wings, Liv. xxviii. 1 4. and were hence called ALjE, Gell. xvi. 4. Plin. Ep. 7. 30. which name is commonly applied to the cavalry o the allies, (alarii vel alarii equites,) Liv. xxxv. 5. Cic. Fam. ii. 11 when distinguished from the cavalry of the legions, (equites legionarif) Liv. xl. 40. Caes. B. G. i. 41 ; and likewise to the auxiliary infantiy, (cohortes alares vel alarice.) Liv. x. 40. 43. Caes. B. C. i. 65. ii. 16. This arrangement, however, was not always observed. Sone- times all the different kinds of troops were placed in the same lhe. For instance, when there were two legions, the one legion ani its allies were placed in the first line, and the other behind as a boiy of reserve, (in subsidiis vel prcesidiis.) Liv. xxvii. 2. 12. xxix. 2 xxx. 18. This was called Acies duplex, Cces, B. C. i. 75. Sallus* Cat. 59. when there was only one line, Acies Simplex, Cces. B. G,hi. 25. Afr. 12. 53. Some think, that in latter times an army w# drawn up in order of battle, without any regard to the division o soldiers into different ranks. In the description of Caesar's battles there is no mention made of the soldiers being divided into Ha statj Principe ^, and Triarii, but only of a certain number of legions and cohorts, which Caesar generally drew up in three lines, Cces. B. G. i. *9» 41. ii. 22. iv. 1 1. B. C. i. 57. 75. iii. 74. Afr. 53. So Sallust. Cat. 59. Tacit. Hist. ii. 24. In the battle of Pharsalia he formed aAody of reserve, which he calls a fourth line, (quartam aciem instiuit.) to oppose the cavalry of Pompey, which indeed determined the fortune of the day, B. C. iii. 76. This was properly called Acies guadruplex; as, B. Afr. 58. In the time of Caesar the bravest troops were commonly placed in the front, Sallust. et Cats. ibid, contrary to the acient 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, Acitm instruere, cequare, exornare, expHcare, cxtcnuare* frmare, pertiirbare, instaurare^ restituere, redintegrare, &c. but also 320 ROMAN ANTIQUITIES. for the battle itself, Cic. Fam. vi. 3. Suet. Aug. 20. Commissi aciem secutus est terree tremor, there happened an earthquake after the fight was begun, Flor. ii. 6. Post acies primas, after the first bat- tle, Ovid. Met. xiii. 207. Each century, or at least each maniple, had its proper standard and standard-bearer, VaWo. de Lat. ling. iv. 16. Liv. viii. 8. Veget. ii. 23. Hence milites signi unius, of one maniple or century, Liv. xxv. 23. xxxiii. 1. 9. Reliqua signa in subsidio artitis collocat, 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 : con- vertere, to face about, Cces. B. G. i. 25. efferre, to go out of the camp, Liv. xxv. 4. a signis discedere, to desert, Ibid. 20. referre, to retreat ; also to recover the standards, Virg. JEn. vi. 826. signa conferre, vel ngnis collatis conjligere, to engage; signis infestis inferri, ire vel in- ledere, to march against the enemy ; urbem intrare sub signis, Liv. iji. 51. sub signis legiones ducere, in battle order, Cic. Att. xvi. 8. signa infestaferre, to advance as if to an attack, Virg. JEn. v. 582. The ensign of a manipulus was anciently a bundle of hay on the top of a pole, (See p. 309-10.) whence miles manipidaris, a common sol- dier, Ovid. Fast. iii. 1 16. Afterwards a spear with a cross piece of wood on the top, sometimes the figure of a hand above, probably in illusion to the word manipulus j and below, a small round or oval shield, commonly of silver, Plin. xxxiii. 3. also of gold, Herodian. iv. 7 on which were represented the images of the warlike deities, as JYars or Minerva ; and after the extinction of liberty, of the empe- ro*s, Tacit. Ann. i. 43. Hist. i. 41. iv. 62. or of their favourites, Suet. Ti. 48. CaL 14. Hence the standards were called Numina legio- nun, and worshipped with religious adoration, Suet. Cal. 14. Vit. 2. Tact. Ann. i. 39. Veget. ii. 6. Trie soldiers swore by them, Lucan. i. 3H. Wtread also of the standards of the cohorts, Liv. xxvii. 15. Cats. B. G. i. 25. Tacit. Ann. i. 18. Hist. i. 41. as of prefects or com- mander of the cohorts, Sallust. Jug. 46. But then a whole is sup- posed to be put for a part, cohortes for manipidi or ordines, which were properly said ad signa convenire et contineri^ Caes. B. G. vi. 1. 31. 37. r ihe divisions of the legion, however, seem to have been different aUirTerent times. Caasar mentions 1 20 chosen men of the same century B. C. iii. 76. and Vegetius makes manipulus the same with contuberriwn, ii. 13. It is at least certain that there always was a diversity of ranks, Ordines inferiores et superiores, Cas B. G. vi. 34. Taut. Hist. i. 52. iv. 59. and a gradation of prefer ments, Ordines ve\ gradus militioz, Ibid, et Caes. B. C. i. 44. Suet Claud. 25. The divisions most frequently mentioned are Cohor tes, battalions of foot, and turmje, troops of horse, Cic. Marcel. 2 Fam. xv. 2. Att. vi. 2. Conors is sometimes applied to the auxilia ries, and opposed to the legions, Tacit. Hist. ii. 89. v. 18. It is also, although more rarely, applied to cavalry. Plin. Ep. x. 107. The standards of the different divisions had certain letters inscrib- ed on them, to distinguish the one from the other, Veget. ii. 13. The standard of the cavalry was called VEXILLUM, a flag, or ORDER OF BATTLE, &c 321 banner, i. e. a square piece of cloth fixed on the end of a spear, Liv. used also by the foot, Cces. B. G. vi. 33. 37. particularly by the vete- rans who had served out their time, but under the emperors were still retained in the army, and fought in bodies distinct from the le- gion under a particular standard of their own, (sub vexillo, hence called VEXILLARII, Tacit. Ann. i. 17. 26. 36. 33. But Vexillum or Vexillatio is also put for any number of troops following one stand- ard, Tacit. Hist. i. 31. 70. Suet. Galb. 18. Stat. Theb. xii. 782. To lose the standards was always esteemed disgraceful, (Magnum perdere crimen erat, Ovid. Fast. iii. 114.) particularly to the stand- ard-bearer, C ROMAN ANTIQUITIES. been the inventor of such processions, Varro. de Lai. ling, v. Plin. vii. 56. s. 57. It had its origin at Rome, from Romulus car- rying the Spolia opima in procession to the Capitol, Dionys, ii. 34. and the first who entered the city in the form of a regular triumph was Tarquinius Priscus, Liv. i. 38. the next P. Valerius, Liv. ii. 7. and the first who triumphed after the expiration of his magistracy, (acto honore,) was Q. Publius Philo, Id. viii. 26. A triumph was decreed by the senate, and sometimes by the peo- ple against the will of the senate, Liv. iii. 63. vii. 17. to the general, who, in a just war with foreigners, (justo et hostili bello, Cic. Dejot. 5.) and in one battle, had slain above 5000 enemies of the republic, and by that victory had enlarged the limits of the empire, Val. Max. ii. 8. Whence a triumph was called Justus, which was fairly won ; Cic. Pis. 19. Horat. Od. i. 12. 54. And a general was said trium- phare, et agere vel deportare triumphum de vel ex aliquo ; trium- phare aliquem vel aliquid, Virg. JEn. vi. 836. Plin. v. 5. ducere,por- tare, vel agere eum in triumpho. There was no just triumph for a victory in a civil war, Val. Max. ii. 8. 7. Flor. iv. 2. Dio. xlii. 18. hence, Bella geri placuit nullos habitura triumphos ? Lucan. i. 12. although this was not always ob- served, Liv. Epit. 115. 116. 133. Plin. Paneg. 2. Dio. xliii. 19. nor, when one had been first defeated, and afterwards only reco- vered what was lost, Oros. iv. nor anciently could one enjoy that ho- nour, who was invested with an extraordinary command, as Scipio in Spain, Liv. xxviii. 38. xxxvi. 20. nor unless he left his province in a state of peace, and brought thence his army to Rome along with him to be present at the triumph, Liv. xxvi. 21. xxxi. 49. xxxix. 29. xlv. 38. But these rules were sometimes violated, particularly in the case of Pompey, Val. Max. viii. 15. 8. Dio. xxxvii. 25. There are instances of a triumph being celebrated without either the authority of the senate, or the order of the people, Liv. x. 37. Oros. v. 4. Cic. Cxi. 14. Suet. Tib. 2. Val. Max. v. 4. 6. and also when no war was carried on, Liv. xl. 38. Those who were refused a triumph at Rome by public authority, sometimes celebrated it on the Alban mountain. This was first done by Papirius Naso, A. U. 522. Val. Max. iii. 6. 5. whom several af- terwards imitated, Liv. xxvi. 21. xxxiii. 24. xlii. 21. xlv. 38. As no person could enter the city while invested with military command, generals, on the day of their triumph, were, by a particu- lar order of the people, freed from that restriction, (Ut iis, quo die urban triwvphantes mvehcreutur, imperium cssrt,) Liv. xlv. 35. The triumphal procession began from the Campus Martins, and went from thence along the Via TVhtmphalis, through the Campus and Circus Flaminius to the Porta TViumphalis. and thence through the most public places of the city to the Capitol. The streets were strewed with flowers, and the altars smoked with incense, Ovid* Trist. iv. 2. 4. First went musicians of various kinds, singing and playing triumph- al songs : next were led the oxen to be sacrificed, having their horn* A TRIUMPH, 327 gilt, and their heads adorned with fillets and garlands ; then in car- riages were brought the spoils taken from the enemy, statues, pic- tures, plate, armour, gold, silver, and brass; also golden crowns, and other gifts sent by the allied and tributary states, Liv. xxxiii. 24. xxxvii. 58. xxxix. 5. 7. xl. 43. xlv. 40. Virg. Mn. viii. 720. The titles of the vanquished nations were inscribed on wooden frames, (in fer cults,) Suet. Jul. 57. Cic. Off. i. 36. and the images or re- presentations of the conquered countries, cities, &c. Liv. xxvi. 21. Quinctil. vi. 3. Plin. v. 5. Ovid. Pont. ii. 1. 37. iii. 4. 25. Art. Am. l. 220. Flor. iv. 2. The captive leaders followed in chains, with their children and attendants ; after the captives, came the lictors, having their fasces wreathed with laurel, followed by a great compa- ny of musicians and dancers dressed like satyrs, and wearing crowns of gold; in the midst of whom was a Pantomime, clothed in a female garb, whose business it was, with his looks and gestures, to insult the vanquished. Next followed a long train of persons carrying per- fumes, (suffimenta.) Then came the general (DUX) drest in purple embroidered with gold, (toga picta et tunica palmatd,) with a crown of laurel on his head, Liv. ii. 47. x. 8. Dionys. v. 47. Plin. xv. 30. v. 39. a branch of laurel in his right hand, Plut. in JEmxU and in his left an ivory sceptre, with an eagle on the top, Juvenah x. 43. having his face painted with vermilion, in like manner as the statue of Jupiter on festival days, Plin. xxxiii. 7. s. 36. and a golden ball (aurea bulla) hanging from his neck on his breast, with some amulet in it, or magical preservative against envy, Macrob. Sat. i. 6. standing in a gilded chariot, (stans in curru auralo,) Liv. v. 23. adorned with ivory, Ovid. Pont. iii. 4. 35. Juvenal, viii. 3. and drawn by four white horses, Ovid. Art. i. 214. at least after the time of Camillus, Liv. v. 23. sometimes by elephants, Plin. viii. 2. at- tended by his relations, Suet. Tib. 2. Domit. 2. Cic. Murazn. 5. and a great crowd of citizens, all in white, Juvenal, x. 45. His children used to ride in the chariot along with him, Liv. xlv. 40. Appian. de Punic, and, that he might not be too much elated, (ne sibi placer et,) a slave, carrying a golden crown sparkling with gems, stood behind himj who frequently whispered in his ear, Remember that thou art a man! Plin. xxxiii. 1.5. 4. Juvenal, x. 41. Zonar. ii. Tertull. Apolog. 33. After the general, followed the eonsuls and senators on foot, at least according to the appointment of Augustus ; for formerly they used to go before him, Dio. Ii. 21. His legati and military tribunes commonly rode by his side, Cic. Pis. 25. The victorious army, horse and foot, came last, all in their order, crowned with laurel, and decorated with the gifts which they had received for their valour, singing their own and their general's praises, Liv. v. 49. xlv. 38. but sometimes throwing out railleries against him, Suet. Jul. 49.JH. Dionys. vii. 72. Martial, i. 5. 3. often exclaiming, Io Triumphe, in which all the citizens, as they passed along, joined, Horat. Od. iv. 2. 49. Ovid. Trist. iv. 2. 51. Amor. \, 2. 34. The general, when he began to turn his chariot from the Forum 328 ROMAN ANTIQUITIES. to the Capitol, ordered the captive kings and leaders of the enemy to be led to prison, and there to be slain, Cic. Verr. v. 30. Liv. xxvi. 13. Dio. xl. 41. xliii. 19. but not always, Appian de Bell. Mithrid. 253. Liv. xlv. 41. 42. and when he reached the Capitol, 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 Cli- tumnus, Virg. G. ii. 146. and deposited his golden crown in the lap of Jupiter, (in gremio Jovis,) Senec. Helv. 10. to whom he dedicated part of the spoils, Plin. xv. 30. xxxv. 40. After which he gave a magnificent entertainment in the Capitol to his friends, and the chief men of the city. The consuls were invited, but were afterwards ilesired not to come, (ut venire supersederent,) that there might be no one at the feast superior to the triumphant general, 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 procession, Suet. Jul. 37. The gold and silver were deposited in the treasury, Liv. x. 46. and a certain sum was annually given as a donative to the officers and soldiers, who were then disbanded, (exauctorati et dimissi,) Liv. xxviii. 9. xxx. 45. xxxvi. 40. — The triumphal procession sometimes took up more than one day ; that of Paulus iEmilius, three, Plutarch. When the victory was gained by sea, it was called a Naval Tri- umph ; which honour was first granted to Duilius, who defeated the Carthaginian fleet near Liparm in the first Punic war, A. U. 493. Liv. Epit. 17. and a pillar erected to him in the Forum, called Co-- lumna 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, Gell. v. 6. an inferior kind of triumph was granted, called OVATIO, 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, sacrificed a sheep, (ovem,) whence its name, Plut. in Marcell. Dionys. v. 47. viii. 9. Liv. iii. 10. xxvi. 21. xxxi. 20. xxxiii. 28. xli. 28. After Augustus, the honour of a triumph was in amanner confined to the emperors themselves, Dio. lixi. 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. Aug. 38. Tib. 9. Dio. liv. 24. 31. Hence L. Vitellius, having taken Terracina by storm, sent a laurel branch in token of it (lauream pro- spere gestce rei) to his brother, Tacit. Hist. iii. 77. As the empe- rors were so great, that they might despise triumphs, Flor. iv. 12. 53. so that honour was thought above the lot of a private person ; such therefore usually declined it, although offered to them ; as Vinicius, Dio. liii, 26. Agrippa, Id. liv. 1 1. &. 24. Plautius, Id. lx. 20. W" MILITARY PUNISHMENTS, 32& read, however, of a triumph being granted to Belisarius the general of Justinian, for his victories in Africa, which he celebrated at Con- stantinople, and is the last instance of a triumph recorded in history, Procop. The last triumph celebrated at Rome, was by Diocletian and Maximian, 20 Nov. A. D. 303. Eutrop. ix. 27. just before they resigned the empire, lb. 28. VII. MILITARY PUNISHMENTS. These were of various kinds, either lighter or more severe. The lighter punishments, or such as were attended with inconve- nience, loss, or disgrace, were chiefly these, 1. Deprivation of pay, either in whole or in part, (stipendio privari,) Liv, xl. 41. the pun- ishment of those who were often absent from their standards (Infre- quentes,) Plant. True. ii. 1. 19. A soldier punished in this man- ner was called jEre dirutus, Festus. Whence Cicero facetiously applies this name to a person deprived of his fortune at play, Verr. v. 13. or a bankrupt by any other means, Phil. xiii. 12.— — 2. For- feiture of their spears, Censio Hastaria, Festus.— — 3. Removal from their tent, (locum in quo tenderent mutare,) Liv. xxv. 6, some- times 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. Not to recline or sit at meals with the rest, (cibum stan- tes caper e^) Liv. xxiv. 16. 5. To stand before the prcetorium in a loose jacket, Suet. Aug. 24. Val. Max. ii. 7. 9. and the centurions without their girdle, (discincti,) Liv. xxvii. 13. or to dig in that dress, Plat, in Lucull. 6. To get an allowance of barley instead of wheat, (hordeo pasci,) Liv. ibid. Suet. Aug. 24. —7. Degradation of rank, (gradus dejectio;) an exchange into an inferior corps or less honourable service, (militice mutatio,) Val. Max. ibid.— 8. To be removed from the camp, (a castris segregari.) and employed in va- rious works, Veget. iii. 4. an imposition of labour, munerum indictio, or dismission with disgrace, (ignomi?iiose mitti,) Hirt. de bell. 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 legion was deprived of its name, as that called Augusta, Dio. liv. 11. The more severe punishments were, 1. To be beaten with rods, (virgis cadi,) or with a vine-sapling, (vite,) Val. Max. ii. 7. 4. Juve- nal, viii. 247. 2. To be scourged and sold as a slave, Liv. Epit. 55. 3. To be beaten to death with sticks, called FUSTUARI- UM, the bastinado, Liv. v. 6. Cic. Phil. iii. 6. Polyb. vi. 35. which was the usual punishment of theft, desertion, perjury, &c. When a sol- dier 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 sticky and stones, and generally 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 ad- mit him into their houses, Polyb. ibid. 4. To be overwhelmed . with stones (lapidibus cdoperiri) and hurdles, (sub crate nccari.) Liv. 4° 330 ROMAN ANTIQUITIES. i. 51. iv. 50. 5. To be beheaded, (securi percuii,) Liv. ii. 5£f. xxviii. 29. Epit. xv. sometimes crucified, Liv. xxx. 43. and to be left unburied, Val. Max. ii. 7. 15. 6. To be stabbed by the swords of the soldiers, Tacit. Annul, i. 44. and under the emperors, to be exposed to wild beasts, or to be burnt alive, &c. Punishments were inflicted by the legionary tribunes and praefects of the allies with their council ; or by the general, from whom there was no appeal, Polyb. vi. 35. When a number had been guilty of the same crime, as in the case of mutiny, every tenth man was chosen by lot for punishment, which was called DECIMATIO, Liv. ii. 59. Cic. Cluent. 46. Suet. Aug. 24. Galb. 12. Tacit. Hist. i. 37. Plutarch, in Crass. Dio. xli. 35* xlviii. 42. xlix. 27. & 38. or the most culpable were selected, Liv. xxviii. 29. Sometimes only the 20th man was punished, vicesi- matio ; or the 100th, centesimatio, Capitolin. in Macrin. 12. VIII. MILITARY PAY and DISCHARGE. The Roman soldiers at first received no pay (stipendium) from the public. Every one served at his own charges. Pay was first granted to the foot, A. U. 347. Liv. iv. 59. and. three years after, during the siege of Veji, to the horse, Id. v. 7. It was in the time of the republic very inconsiderable ; two oboli, or three asses, (about 2£d. English,) a day to a foot soldier, the double to a centurion, and the triple to an eques, Polyb. vi. 37. Plant. Most. ii. 1. 10. Liv. v. 12. Julius Caesar doubled it, Suet. Jul. 26. Under Augustus, it was ten asses, (7 Id.) 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, Juvenal, iii. 1 32. The prastorian cohorts had double the pay of the common soldiers, Dio. liv. 25. Tacit, ib. Besides pay, each soldier was furnished with clothes, and received a certain allowance (dimensum) of com, commonly four bushels a month, the centurions double, and the equites triple, Polyb. vi. 37. But for these things a part of their pay was deducted, Tacit. Ann. 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 publicly given for both. The dinner was a slight meal, which they commonly took standing. They indulged themselves 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 legitima fecissent vel meruissent,) the foot twenty years, and the horse ten, they were called Emeriti, Lucan. i. 344. and obtained their dis- ATTACK AND DEFENCE, Lc. 331 charge. This was called MISSIO HONESTA vel justa. When a soldier was discharged for some defect or bad health, it was called Missio Causaria ; if, from the favour of the general, he was dis- charged before the just time, Missio gratiosa, Liv. xliii. 14. if on account of some fault, ignominiqsa, Hirt. de bell.Afr. 54. D. dere milit. I. 13. Augustus introduced a new kind of discharge, called Exauctora- tio, by which those who had served sixteen campaigns, were ex- empted from all military duty except fighting. They were however retained (tenebantur) in the army, not with the other soldiers under standards (sub signis et aquilis), but under a flag by themselves, (sub vexilto seorsim, Tacit. Annal. i. 36. whence they were called VEX- ILLARII or Veterani, sometimes all Subsignani, Tacit. Hist, i. 70.) till they should receive a full discharge, and the rewards of their ser- vice (prcemia vel commoda militia,) either in lands or money, or both, Suet. Aug. 49. Cat. 44. Cic. Phil. ii. 40. Virg. Eel. i. 71. ix. 2 — 5. Horat. Sat. ii. 6. 55. which sometimes they never obtained, Tacit. Annal. i. 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. Vit. 10. IX. METHOD of ATTACKING and DEFENDING TOWNS. The Romans attacked (oppugnabani) places either by a sudden assault, or if that failed, (si subito impetu expugnare non poterant,) they tried to reduae them by a blockade, Cms. B. G. vii. 36. They first surrounded a town with troops, (corona cingebant, vel circundctbant, Liv. vii, 27. xxiii. 44. xxiv. 2. mmnia exercitu circum* venerunt, Sallust. Jug. 57.) and by their missive weapons endeavour- ed to clear the walls of defendants, (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 secure themselves from the darts of the enemy, they came up to the gates, (succedere portis,) and tried either to undermine (subruere vel subfodere) the walls, or to scale them, Liv. x. 43. xxvi. 45. xxxiv. 39. xliv. 9. Cces. B. G. ii. 6. Tacit. Hist. hi. 28. 31. Sallust. Jug. 94. When a place could not be taken by storm, it was invested, Liv. ii. 11. Two lines of fortifications or intrenchments (ancipitia mu- nimenta vel munitiones) were drawn around the place at some dis- tance from one another, called the lines of contravallation and cir- cumvallation ; the one against the sallies of the townsmen, and the other against attacks from without, Liv. v. 1. xxxviii. 4. These lines were composed of a ditch and a rampart, strengthened with a parapet and battlements, (lorica et pinna?,) and sometimes a solid wall of considerable height and thickness flanked with towers and forts at proper distances round the whole. At the foot of the parapet, or at its junction with the rampart, (ad commissuras pluteorum atque aggeris) there sometimes was a palli- sade made of large stakes cut in the form of stags' horns ; hence call- ed CERVI, to prevent the ascent of the enemy. Before that, there 332 ROMAN ANTIQUITIES. were several rows of trunks of trees, or large branches sharpened at the ends, (prceacutis cacuminibus,) called CIPPI, fixed in trenches (fossa) about five feet deep. In front of these were dug pits (scrobes) 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 (omnibus locis disserebantur) sharp stakes about a foot long, (Tale^,) fixed to the ground with iron hooks, called Stimuli. In front of all these, Caesar, 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, Cces. B, G, vii. 66, 67. Between the lines were disposed the army of the besiegers, who were thus said, Urbern obsidione claudere vel cingere, to invest. The camp was pitched in a convenient situation to communicate with the lines. From the inner line was raised a mount, (AGGER* exstruebatur) composed of earth, wood, and hurdles, (crates,) and stone, which was gradually advanced (promovebatur) towards the town, always increasing in height, till it equalled or overtopped the walls. The mount which Caesar 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 contabulatce), from which showers of darts and stones were discharged on the townsmen by means of engines, (tormenta,) called Catapults, Balist^:, and Scorpiones, to defend the work and workmen, (opus et administros tutari,) Sallust. Jug. 76. Of these towers Csesar is supposed to have erected 1561 on his lines around Alesia, Cces. de bell, G, vii. 72. The labour and industry of the Ro- man troops were as remarkable as their courage. There were also moveable towers, (Turres mobiles vel ameu- latori/e.) which were pushed forward (admovebantur vel adigeban- tar) and brought back (reducebantur) on wheels, fixed below (rotis subjcctis) on the inside of the planks, Cces. 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 (coria) and pieces of coarse cloth and mat- tresses, (ccntones vel cilicia,) Caes. de bell. Civ. ii. 10. They were of an immense bulk, sometimes thirty, forty, or fifty foot square, and * The Agger, or Mount, was employed in modern time?, by the Russians; I think at (he siege of Ocksakow ATTACK AND DEFENCE, & 333 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 fastened to a beam, that lay across two posts, and hanging thus equally balanced, it was by a hundred men, more or less, (who were frequently changed,) vio- lently thrust forward, drawn back, again pushed forward, till by re- peated strokes it had shaken and broken down the wall with its iron head, Veget. iv. 14. Liv. xxi. 12. xxx. 32. 46. xxxii. 23. xxxviii. 5. Joseph, de bell. Jud. iii. 9. The ram was covered with sheds or mantlets, called VINEiE, ma- chines constructed of wood and hurdles, and covered with earth or raw hides, or any materials, which could not easily be set on fire. They were pushed forwards by wheels below, (rotis subjectis ageban- tut vel impellebantur,) Sallust. Jug. 76. Under them, the besiegers either worked the ram, or tried to undermine the walls, Liv. ii. 17. v. 7. x. 34. xxi. 7. 61. xxiii. 18. Similar to the Vinece in form and use were the TESTUDINES ; so called, because those under them were safe as a tortoise under its shell, Liv. v. 5. Cces. B. G. v. 41. 50. de bell. Civ. ii. 2. 14. Of the same kind were the PLUTEI, Liv. xxi. 61. xxxiv. 17. Cas. passim, the Musculus, ibid. &c. These mantlets or sheds were used to cover the men in filling up the ditches, and for various other purposes, Cces. B. G. vii. 58. When the nature of the ground would not permit these machines to be erected or brought forward to the walls, the besiegers some- times drove a mine (CUNICULUM agebant) into the heart of the city, Liv. v. 19. 21. or in this manner intercepted the springs of wa- ter, Hirt. de Bell. Gell. viii. 41. 43. When they only wished to sap the foundation of the walls, they supported the part to be thrown down with wooden props, which be- ing consumed with fire, the wall fell to the ground. In the mean time the besieged, to frustrate the attempts of the be- siegers, met their mines* with countermines, (transversis cuniculis hostium cuniculos excipere,) Liv. xxiii. 18. which sometimes occa- sioned dreadful conflicts below ground, xxxviii. 7. The great ob- ject was to prevent them from approaching the walls {apertos, sc. ab hostibus vel Romanis, cuniculos morabantur, moznibusque appropin- quare prohibebant, Caes. B. G. vii. 22. The besieged also, by means of mines, endeavoured to frustrate or overturn the works of the enemy, Cces. B. G. iii. 21. vii. 22. They withdrew the earth from the mount, (terrain ad se introrsus subtrahebant,) or destroyed the works by fires below, in the same * Mining and countermining have been often used in modern time?, especially in Flanders and the Low Countries. 334 ROMAN ANTIQUITIES. i manner as the besiegers overturned the walls, Cces. ibid. Joseph, da Bell. Jud. iii. 12. When 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 de- fend themselves against the engines and darts of the besiegers, Liv. xlii. 63. But these and every thing else belonging to this subject, will be best understood by reading the accounts preserved to us of ancient sieges, particularly of Syracuse by Marceilus, Liv. xxiv. 33. of Ambracia by Fulvius, Id. xxxviii. 4. of Aiesia by Julius Caesar, de Bell. Gall. vii. of Marseilles by his lieutenants, Cces. B. Civ. ii. and of Jerusalem, by Titus Vespasian, Joseph, de Bell. Jud. When the Romans besieged a town, and thought themselves sure of taking it, they used solemnly (certo carmine) to call out of it (evo- care) 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, Virg. Mn. ii. 351. For this reason, the Ro- mans 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. Plaid. Amph. i. 1. 71. & 102. and the usual manner of plundering a city when taken, Polyb. x. 16. NAVAL AFFAIRS OF THE ROMANS. Navigation* at first was very rude, and the construction of ves- sels extremely simple. The mubt ancient nations used boats made of trunks of trees hollowed (ex singulis arhoribus cavatis,) Virg. G. 126. 262. Plin. xvi. 41. Liv. xxvi. 26. called Alvei, lintres, scaph^: xel monoxyla, 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 (carince ac statumina, the keel and ribs, ex levi materia,) and partly of wicker hurdles or basket-work, (reliquum corpus navium viminibus contextum,) and covered with hides, as those of the ancient Britons, * In nothing perhaps has improvement been more conspicuous, than in building, equipping, working and conducting ships. In the gloom of ignorance and barba- rism Naval Architecture was very rude and uncouth; but discoveries on this sub- ject were so acceptable to mankind, that inventions, teuding to improve the arts of Navigation and Naval Architecture, were deemed worthy of the greatest honours, and often elevated the inventors to the rank of deities. Hence Argo and others, which were new ships of a better construction than those which had preceded them, obtained a place among the stars. Among the ancient Egyptians, and Sicilians, very large ships were built, and among the former some of a very great size were employed in commerce; but they were unwieldy, and difficult to be managed. The progress of commerce, and the discovery of the compass and of gunpowder, have stimulated the minds of men to exertions in the improvement of naval architecture, for the ame- lioration of private fortune, and for the attainment of warlike glory. It is impossible, perhaps, yet to ascertain the many advantages that may accrue from the late discovery of a method for propelling vessels by steam, against wind and tide. We can only say, it forms a new era in the art of navigation ; but all its effects cannot be foreseen, though very extraordinary results may be expected. E. NAVAL AFFAIRS, &c. 335 Cccs. B. G. i. 54. Lucan. iv. 131. and other nations, Herodot. i. 194. Dio. xlviii. 18. hence called Navigia vitilia corio circumsuta,F\\n. iv. 16. vii. 56. and naves sutiles, xxiv. 9. s. 40. in allusion to which, Virgil calls the boats of Charon Cymba sutilis, Mn. vi. 414. some- what similar to the Indian canoes, which are made of the bark of trees •, or to the boats of the Icelanders and Esquimaux Indians, which are made of long poles placed crosswise, tied together with whale sinews, and covered with the skins of sea dogs, sewed with sinews instead of thread. The Phoenicians, or the inhabitants of Tyre and Sidon, are said to have been the first inventors of the art of sailing, as of letters and astronomy, Plin. v. 12. For Jason, to whom the poets ascribe it, Ovid. Met. vi. vers. ult. et Amor. ii. 11. 1. Lucan. lii. 194. and the Argonauts, who first sailed under Jason from Greece to Colchis in the ship Argo, in quest u, the goiden fleece, that is, of commerce, flourished^ong after the Phoenicians were a powerful nation. 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 flown like a bird through the air, Virg. Mn. vi. 15. — They seem to have been first made of skins, which the Veneti, the people of Vienne in Gaul, used even in the time of Cassar, B. G. iii. 13. af- terwards of flax or hemp ; whence lintea and carbasa, (sing -us,) are put for vela, sails. Sometimes cloths spread out were used for sails, Tacit. Annal. ii. 24. Hist. v. 23. Juvenal, xii. 66. It was long before the Romans paid any attention to naval affairs. They at first had nothing but boats made of thick planks (ex tabulis crasswribus, Festus,) such as they used on the Tiber, called Naves Caudicarije ; 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 Vit. Rom. 11. They are said to have taken the model of their first ship of war from a vessel of the Carthaginians, which happened to be stranded on their coasts, and to have exercised their men on land to the management of ships, Polyb. i. 20. & 21. But this can hardly be reconciled with what Polybius says in other places, nor with what we find in Livy about the equipment and ope- rations of a Roman fleet, Liv. ix. 30. 38. Their first ships of War were probably built from the model of those of Antium, which, after the reduction of that city, were brought to Rome, A. U. 417* Liv. viii. 1 4. It was not, however, till the first Punic war that they made any figure by sea. Ships of wai vere called NAVES LONG^E, because they were of a longer sha.A thai; ships of burden, (naves ONERARI^E, oAxcchc, whence hulks; or bay cce, barks, hidor. xix. 1.) which were more round and deep, Cats. B. G. iv. 20. v. 7. The ships of war were moved chiefly by oars, the ships of burden by sails, Cces. B. G. iv. 25. Cic. Fam. xii. 15. and as they were more heavy (graviores), and sailed more slowly, they were sometimes towed (remulco tractce) af- ter the war ships, Liv. xxxii. 16. 33G ROMAN ANTIQUITIES. Their ships of war were variously named from their rows or ranks of oars (ab 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, quadrir -ernes ; five, quin- queremes vel penteres. The Romans scarcely had any ships of more than five banks of oars ; and therefore those of six or seven banks are called by a Greek name, Hexeres, Hepteres, Liv. xxxvii. 23. and above that by a circumlocu- tion, naves, octo, novem, decern ordinum, vel versuwn, Flor. iv. 11. Thus Livy calls a ship of sixteen rows, (exxatfexvpvs, Polyb.) navis in- gentis magnitudinis, 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 float- ing castles and towns, iv. 11 . 4. Virgil, floating islands or mountains, JKn. 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 rowers sat. That most generally received is, that they were placed above one another in different stages or benches (in transtris vel jugis) on one side of the ship, not in a perpendicular line, but in the form of a quincunx. The oars of the lowest bench were short, and those of the other benches increased in length, in proportion to their height above the water. This opinion is confirmed by several passages in the classics, Virg. JEn. v. 119. Lucan. iii. 536. Sil. Italic, xiv. 424. and by the representations which remain of ancient galleys, particularly that on Trajan's pillar at Rome. It is, however, attended with diffi- culties not easily reconciled.* There were three different classes of rowers, whom the Greeks called ThranUce, Zeugitas, or Zeugioi, and Thalamitce, 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 difficulty of suppo- sing eight or ten banks of oars above one another, and even forty ; for a ship is said by Plutarch and Athenasus, to have been built by Ptolemy Philopator which had that number: So Plin. vii. 56. But these opinions are involved in still more inextricable difficulties. Ships contrived for lightness and expedition (naves ACTUARY) had but one rank of oars on each side, (simplice ordine agebantur. fMwpeis, Tacit. Hist. v. 23.) or at most two, Cats. B.G. v. 1. Lucan. * The late British Gen. Stewart, in a publication on this subject, has endeavour- ed to show the form and management of the Roman ships; and by comparing the re- presentation on Trajan's pillar with the descriptions to be found in the classics, has cleared up many of these difficulties. According to him, the sides of their vessels formed an angle of 45 degrees with the surface of the water. Zeugitae. SAVAL AFFAIRS, fee. 337 iii. 534. They were of different kinds, and called by various names ; as, Celoces, i. e. naves celeres vel cursorice, Lembi, Phaseli, Myoparo* nes, &c. Cic. et Liv. But the most remarkable of these were the naves LIBURNjE, Horat. Epod.i. 1. a kind of light galleys, used by the Liburni, a people of Daimatia addicted to piracy. To ships of this kind Augustus was in a great measure indebted for his victory over Antony at Actium, Dio. 1. 29. 32. Hence, after that time, the name of naves LIBURNiE was given to all light quick-sailing ves- sels, and few ships were buiit but of that construction, Veget. iv. 33. Ships were also denominated from the country to which they be- longed, Cces. B. G. iii. 5. Cic. Verr. v. 33. and the various uses to which they were applied ; as, Naves Mercatori^;, frumentaria, vinarice, olearice ; Piscatori^:, Liv. xxiii. 1. vel lenunculi, fishing- boats, Cces. B. C. ii. 39. Speculators et exploratorice, spy-boats, Liv. xxx. 10. xxxvi. 42. Piratic^: vel predatorioz. Id. xxxiv. 32. 36. Hyppagog^s, vel Hyppagines, for carrying horses and their riders, Liv. xliv. 28. GelL x. 25. Festus. Tabellari^:, message-boats, Se- nee. Epist. 77. Plant. Mil. Glor. iv. 1. 39. Vectorije gravesque, transports and ships of burden ; Announce privatazque, built that or the former year for private use : Some read annonarice, i. e. for car- rying provisions, Cces. B. G. v. 7. Each ship had its long-boat join- ed to it, (cymbulce onerariis adh&rescebant,) Plin. Ep. 8. 20. A large Asiatic ship among the Greeks was called Cercurus, Plaut. Merc. i. 1. 86. Stick, ii. 2. 84. iii. 1. 12. it is supposed from the island of Corcyra ; but Pliny ascribes the invention of it to the Cyprians, vii. 56. Galleys kept by princes and great men for amusement, were 1 call- ed by various names ; Triremes ceretoz vel czrataz, lusorice et cubiculatcB, vel thalamegi, pleasure-boats or barges, Senec. de ben. vii. 20. Suet. C(bs. 52. privce, i. e. prop rice et non meritorice, one's own, not hired, Horat. Ep. i. 1 . 92. sometimes of immense size, Deceres vel decern,' rentes, Suet. Cal. 37. Each ship had a name peculiar to itself inscribed or painted on its prow ; thus, Pristis, Scylla, Centaurus, &c. Virg. JEn. v. 1 16. &c. called PARASEMON, its sign, Herodot. viii. 89. Liv. xxxvii. 29. or INSIGNE, Tacit. Ann. vi. 34. as its tutelary god (tutela vel tute- lare numen) was on its stern, Ovid. Trist. i. el. 3. v. 110. et el. 9. v. 1. Herod, xvi. 112. Pers. vi. 30. Sil. Ital. xiv. 411. 439. whence that part of the ship was called TUTELA or Cantela, and held sa- cred by the mariners, Lucan. iii. 501. Senec. Epist. 76. Petron. c. 105. There supplications and treaties were made, Liv. xxx. 36. Sil. Ital. xiii. 76. In some ships, the tutela and vro&pcttrtjfiov were the same- Serv. ad Virgil. JEn. v. 116. Act. Apost. xxviii. 11. * Ships of burden used to have a basket suspended to the top of their mast as their sign, (pro signo,) hence they were called Corbi- Tje, Festus. Cic. Att. xvi. 6. Plaut. Pcen. iii. 1. 4. & 40. There was an ornament in the stern and sometimes on the prow, made of wood like the tail of a fish, called APLUSTRE. vel plui . 43 338 ROMAN ANTIQUITIES. -ia, from which was erected a staff or pole with a riband or streamer (fascia vel tcenia) on the top, Juvenal, x. 136. Lucan, iii. 671. The ship of the commander of a fleet (navis prcetoria) was distin- guished by a red flag, (vexillum vel velum purpureum,) Tacit. Hist, v. 22. Plin. xix. 1. Caes. B. C. ii. 6. and by a light, Flor. iv. 8. Virg. JEn. ii. 256. The chief parts of a ship and its appendages were, CARINA, the keel or bottom ; Statumina, the ribs, or pieces of timber which strengthened the sides ; PRORA, the prow, or fore-part ; and PUP- PIS, the stern or hind-part; ALVEUS, the belly or hold of the ship j SENTINA, the pump, Cces. B. C. iii. 25. or rather the bilge or bot- tom of the hold, where the water, which leaked into the ship, re- mained till it was pumped out; (donee per antliam exhauriretur,) Cic. Fam. ix. 15. Sen. 6. Martial, ix. 19. 4. Suet. Tib. 51. or the bilge-water itself, Juvenal, vi. 99. properly called nautea, Plaut. Asin. v. 2. 44. Nonius. 1. 25. In order to keep out the water, ships were besmeared with wax and pitch ; hence called ceratje, Ovid. Her. v. 42. On the sides (latera) were holes (foramina) for the oars, (REMI, called also by the poets tonsa ; the broad part or end of them, pal- ma, vel palmula ;) and seats (sedilia vel transtra) for the rowers, (remiges.) Each oar was tied to a piece of wood, (paxillus vel lignum teres,) called SCALMUS, by thongs or strings, called STROPri vel struppi, Isid. xix. 4. hence scalmus is put for a boat, Cic. Off. iii. 14. Navi- cula duorum scalmorum, a boat of two oars, Cic. Orat. ii. 34. Actu- arial sc. navis, decern scalmis, Id. Att. xvi. 3. Quatuor scalmorum navis, Veil. ii. 43. The place where the oars were put when the rowers were done working, was called Casteria, Plaut. Asin, iii. 1. 16. On the stern was the rudder, (GUBERNACULUM vel clavus,) and the pilot, (gubernator) who directed it. Some ships had two rudders, one on each end, and two prows, so that they might be moved either way without turning, Tacit. AnnaL ii. 6. much used by the Germans, Id. de Mor. G. 44. and on the Pontus Euxinus, or Black Sea, called CAMARiE, Strab. xi. 496 ; because in a swelling sea they were covered with boards, like the vaulted roof of a house, (camera,) Tacit. Hist. iii. 47. Gell. x. 25. hence Camaritce, the name of a people bordering on the Black Sea, Eustath. ad Dionys. 700. On the middle of the ship was erected the mast (MALUS), which was raised, (attollebatur vel erig ebatur, )C\c. Verr. v. 34. when the ship left the harbour, and taken down (inclinabatur vel ponebatur), when it approached the land, Virg. JEn. v. 829. Lucan. iii. 45. 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, (Antenna vel brachia,) and the sails (VELA) fastened by ropes (funes vel rudentes). Im- mittere rudentes, to loosen all the cordage * 7 pandere vela, to spread the sails, Plin, Ep, viii. 4 NAVAL AFFAIRS, &c. 339 The sails were usually white, as being thought more lucky, Ovid, Her. ii. 11. Catull. Ixiv. 225. &c. sometimes coloured, Plin. xix. i. The ends of the sail-yards were called CORNUA ; from which were suspended two ropes called PEDES, braces, by pulling which towards the stern, the sails were turned to the right or left. If the wind blew obliquely from the left, they pulled the rope on the right, and so on the contrary : Hence facere pedem, to trim or adjust the sails, Virg. JEn. v. 830. Obliquat Icevo pede carbasa, turns the sails so as to catch the wind blowing from the right, Lucan. v. 428. so ob- liquat sinus in ventum, Virg. An. v. 16. Currere utroque pede, to sail with a wind right astern, or blowing directly from behind, Ca- tull, iv. 21. In contrarium navigare prolatis pedidibus, by tacking, Plin. ii. 57. s. 48. Intendere brachia velis, i. e. vela brachiis, to stretch the sails, or to haul them out to the yard-arms, Virg. JEn. v. 829. Dare vela ventis, to set sail, Virg. JEn. iv. 546. So Vela fa- cere, Cic. Verr. v. 34. or to make way, Virg. JEn. 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 proferendo pedes,) Virg. 2En. vi. 302. x. 218. Velis remis, sc. et ; i. e. summa vi, manibus pedibusque, omnibus nervis, with might and main, Git. ad Q. Fratr. ii. 1 4. Tusc. iii. 11. Off. iii. 33. but in the last passage the best copies have viris equisque ; as, Phil. viii. 7. So remigio veloque, Plaut. Asin. 1. 3. 5. who puts navales pedes for remiges et nautce, Men. ii. 2. ult. The top-sails were called SUPPARA velorum, Lucan. v. 429. or any appendage to the main-sail, Stat. Silv. ii. 2. 27. Senec. ep. 77. Carina, puppis, and even trabs, a beam, are often put by the po- ets for the whole ship ; but never velum, as we use sail for one ship or many ; thus, a sail, an hundred sail. The rigging and tackling of a ship, its sails, sail-yards, oars, ropes, &c. were called Armamenta, Plaut. Merc. i. 62. Hence arma is put for the sails, colligere arma jubet, i. e. vela contrahere, Virg. JEn. v. 15. and for the rudder, spoliata armis, i. e. clavo, vi. 353. Ships of war (naves longce vel bellicce), and these only, had their prows armed with a sharp beak, (Rostrum, ohener plur. rostra.) Cces, B. G. iii. 13. Sil. Ital. xiv. 480. which usually had three teeth or points, Virg. JEn. v. 142. viii. 690. whence these ships were called Rostrate, and because the beak was covered with brass, jErat^:, Cces. B. C. ii. 3. Horat. Od. ii. 16. 21. Plin. xxxii. 1. Ships when about to engage, had towers erected on them, whence stones and missive weapons were discharged from engines, Cces. B. G. iii. Flor. iv. 11. Plin. xxxii. 1. Plutarch, in Ant. called Pro- pugnacula, Flor. ii. 2. Horat. Epod. i. 2. hence turritce puppes, Virg. iEn. viii. 693. Agrippa invented a kind of towers which were suddenly raised, Serv. in Virg. Towers used also to be erected on ships in sieges, and at other times, Liv. xxiv. 34. Tacit. Ann. xv, 9. Sil. Ital. xiv. 418. Some ships of war were all covered (tecta vel constrain, xxrxtyxxToi > y qwz x*T*$-£»ft*T*, tabulata vel constrata habebant, decks) ; others un- MO ROMAN ANTIQUITIES. covered, (apertce, *Pf **toi 5 v. .a,) Cjc.AtLV. 11. 12. vi. 8. & 12. i cept at the prow and stern, where those who fought stood, Liv. xxx. 43. xxxvi. 42. Cces. passim, Cic. Verr. v. 34. The planks or platforms (tabulata) on which the mariners sat or passed from one part of the ship to another, were called FORI, gang- way? (ab eo quod incessus ferant), Serv. ad Virg. JRn, iv. 605. vi. 4i2l Cic. Sen. 6. and the helps to mount on boards, Pontes vel Sca- l& (tvitiotS-zxt vel *A enemy, by sweeping off (detergendo) the oars, or by striking them with their beaks, chiefly on the sides, Dio. 1. 29. They grappled with them by means of certain machines called crows, (CORVI,) iron hands or hooks, (ferret manus,) Lucan. iii. 635. drags or grappling irons, harpagones, i. e. assercs ferreo unco prctjixi^) &c. and fought as on land, Flor. ii. 2. Liv. xxvi. 39. xxx. 10. Cms. B. G. i. 52. Curt. iv. 9. Lucan. xi. 712. Dio. xxxix. 43. — xlix. 1. 3. &c. They sometimes also employed fire ships, Hirt. B. Alex. 11. or threw fire-brands, and pots full of coals and sulphur, with various other combustibles, Stuppea flamma manu, telisquc volatile ferrum spargitur, Virg. Mn. viii. 694. which were so successfully employed by Augustus at the battle of Actium, that most of Antony's fleet was thereby destroyed, Dio. 1. 29. 34. and 35. Hence Vix una sospe? navis ab igmbus, Horat. Od. i. 37. 13. THE I In siegi ed vessels together, and erected on them var engines. Curt. iv. 13. L.\. xxiv. 34. xxvi. 26. C>n. B. C. iii. 34. sunk vessels to block up their harbours. L v. xxxv. 11. 14. The ships of the victorious fleet, when they returned home, had their prows decked with laurel, and rescinded with triumphant mu- sic. Do. li. .5. The prizes distributed after a victory at sea were much the same as on land. (See p. 324.) Also naval punishments, pay. and pro- visions. Ax. Li. xxiii. 2h 48. The trading ve f the ancient- were in general much interior to those of the moderns. Cicero mentions a number of ships of burden, none of which was below 9000 amphorm (quorum minor i\ulta erat duum rr amphor e. about fifty-six ton. which he seems to have the . xii. 15. There were, however, some ship's of enormous bulk. One built by Ptole- my is said to have bee ,'. and another feet: the tonnage of the id of the h nams. The ship which brought from E^-ypt the great obelisk stood in the Circus of the Vatican in the time of Caligula, be- sides the obelisk itself had 1 CO. 000 modii of laites, lenliles. a kind r ballast, about 11 76. of the ROMAN I. Th- ROMAN DRE- The distingnishing part of the Roman d rQGAoi n. as that of the G m y Suet. Aug. 98. and of the Gauls. Bracaz, breed r *ud. 15. P I 1. whence the F ed GENS TOG ATA. Virg. . i. 286. S\ \g. 40. or TOGATI. C >:. Rose. Am. 46. V .-. i. 24. iii. 11. Sal Tacit. Hist. ii. and the r in general th Romans, PAL LI- I. Suet. Ced to give a largess to the people, THE ROMAN DRESS. [$4g CONGIARIUM, so called from congius, a measure of liquids.) Suet. Tib. 54. Tacit. Annal. iii. 29. Servius appointed, that those who assumed the toga virilis should send a certain coin to the Temple of Youth, Dionys. iv. 15. Parents and guardians permitted young men to assume (dabant) the toga virilis, sooner or later than the age of seventeen, as they judged proper, Cic. Att. vi. 1. Suet. Aug. 8. Cal. 10. CI. 43. Ner. 7. under the emperors, when they had completed the fourteenth year, Tacit. Ann. xii. 41. xiii. 15. Before this, they were considered as part of the family, (pars domus,) afterwards of the state, (republican.) Tacit, de Mor. Germ. 1 3. Young men of rank, after putting on the toga virilis, commonly lived in a separate house from their parents, Suet. Tib. 15. Domit.2. It was, however, customary for them, as a mark of modesty, during the first whole year, to keep (cohibere) their right arm within the to- ga, Cic. Coal. 5. and in their exercises in the Campus Martius never to expose themselves quite naked, as men come to maturity some- times did, Ibid. The ancient Romans had no other clothing but the toga, Gell. vii. 1 2. In imitation of whom, Cato used often to go dressed in this manner, and sometimes even to sit on the tribunal, when prastor, (campestri sub toga cinctus,) Ascon. in Cic. Val. Max. iii. 6. 7. Hence Exigua toga Catonis, Hor. Ep. i. 19. 13. hirta, Lucan. ii. 386. because it was strait (arcta) and coarse, (crassa\o\ pinguis,) Horat. Sat. i. 3. 15. Juvenal, ix. 28. Martial, iv. 19. Nor did candidates for offices wear any thing but the toga. The Romans afterwards wore below the toga a white woollen vest called TUNICA, which came down a little below the knees before, and to the middle of the legs behind, Quinctil. xi. 3. at first without sleeves. Tunics with sleeves, (Chirodot^ vel tunica manicatce.) or reaching the ankles, (talares) were reckoned effeminate, Cic. Cat. ii. 10. Virg. JEn. ix. 616. Gell. vii. 12. But under the emperors these came to be used with fringes at the hands, (ad manus fimbriate,) from the example of Caesar, Suet. Jul. 45. longer or shorter accord- ing to fancy, Horat. Sat. i. 2. 25. Prop. iv. 2. 28. Those who wore them were said to be Manuleati, Suet. Cal. 52. The tunic was fastened by a girdle or belt(CINGULUM, cinctus, -us, zona vel Balteus) about the waist, to keep it tight, which also served as a purse (pro marsupio vel crumend.) in which they kept iheir money, Gtll.xv. 2. Plant. Merc. v. 2. 84. Suet. Vit. 16. Horat. Ep. ii. 2. 40. hence incinctus tunicam mercator, Ovid. Fast. v. 675. The purse commonly hung from the neck, Plant. True. iii. 2. 7. and was said decolldsse, when it was taken off; hence decollare, to deceive, Id. Cap. iii. 1. 37. It was also thought effeminate to appear abroad with the tunic slackly or carelessly girded: Hence the saying of Sylla concerning Cansar to the Optitnalcs, who interceded for his life, Ut male pr*:- cinctujm puerum caverent, Suet. Jul. 46. Dio. 43. 43. For this ;ilso Maecenas was blamed, Scntc. Ep. 14. Hence cimtus. prctc 350 ROMAN ANTIQUITIES. lus and succinclus, are put for industrius, expeditus vel gnavus, dili« gent, active, clever, Horat. Sat. i. 5. 6. ii. 6. 107. because they used to gird the tunic when at work, Id. Sat. ii. 8. 10. Ovid. Met. vi. 59. and Discinctus for iners, mollis, ignavus ; thus, Discinctus nepos, a dissolute spendthrift, Hor. Epod. i. 34. So Pers. iii. 31. Discinc- ti Afri, Virg. iEn. viii. 724. effeminate, or simply ungirt; for the Africans did not use a girdle, Sil. iii. 236. Plant. Pan. v. 2. 48. The Romans do not seem to have used the girdle at home or in private ; hence discincti ludere, i. e. domi, with their tunics ungirt, Horat. Sat. ii. 1. 73. discinctaque in otia natus, formed for soft re- pose : Ovid. Amor. i. 9. 41. for they never wore the toga at home, but an undress, (vestis domestica, vel vestimenta,) Suet. Aug. 73. Vit. 8. Cic. de Fin. ii. 24. Plin. Ep. v. 6./. Hence the toga and other things which they wore only abroad were called FORENSIA, Suet. Aug. 74. Cal. 17. or Vestitus forensis, Cic. ibid, and Ves- timenta forensia, Columel. xii. 45. 5. The tunic was worn by women as well as men ; but that of the former always came down to their feet, and covered their arms, Ju- venal, vi. 445. They also used girdles both before and after mar- riage, Festus. mCiNGULUM ; Martial, xiv. 151. Ovid. Amor. i. 7. 46. The Romans do not seem to have used a belt above the toga. But this point is strongly contested. Young men when they assumed the toga virilis, and women when they were married, received from their parents a tunic wrought in a particular manner, called TUNICA RECTA, or Regilla, Festus. Plin. viii. 48. s. 74. The senators had a broad stripe of purple (or rather two stripes, fascice vel plagulcc, Varr. de Lat. ling. viii. 47.) sewed on the breast of their tunic, Horat. Sat. i. 6. 28. called LATUS CLAVUS, Ovid. Trist. iv. 10. 29. & 35. which is sometimes put for the tunic itself, Suet. Jul. 45. or the dignity of a senator, Id. Tib. 35. Claud. 24. Vesp. 2. 4. The Equites, a narrow stripe, Angustus clavus, Veil. ii. 88. called also Pauper clavus, Stat. Sil v. v. 2. 17. arctum lumen purpura, lb. iv. 5. 42. Augustus granted to the sons of senators the right of wearing the latus clavus, after they assumed the toga virilis, and made them tri- bunes and prefects in the army ; hence called Tribuni et Pr.efec- Ti Laticlavii, Suet. Aug. 38. Ner. 26. Domit. 10. The tribunes chosen from the Equites were called Angusticlavii, Suet. Oth. 10. Galb. 10. They seem to have assumed the toga virilis and latus cla- vus on the same day, Plin. Ep. viii. 23. Generals in a triumph wore with the toga picta an embroidered tu- nic, (tunica palmata,) Liv. x. 7. Martial, vii.l. Plin. ix. 36. s. 60. called also Tunica Jovis, because the image of that god in the Capi- tol was clothed with it, Juvenal, x. 38. Tunics of this kind used to be sent by the senate to foreign kings as a present, Liv. xxvii. 4. xxx. 15. xxxi. 11. The poor people who could not purchase a toga, wore nothing but a tunic ; hence called Tunicatus populus or popellus, Horat. Ep* THE ROMAN DRESS, 351 i. 7. 65. or Tunicati, Cic. in Rull. ii. 34. Foreigners at Rome seem also to have used the same dress ; (hence homo (urticatus, is put for a Carthaginian, Plaut. Pozn. v. 3. 2.) and slaves, Id. Amphit. i. 1.213. Senec. brev. vit. 12. likewise gladiators, Juvenal, ii. 143. In the country, persons of fortune and rank used only the tunic, Juvenal, iii. 179. In winter they wore more than one tunic. Au- gustus used four, Suet. Aug. 82. Under the tunic, the Romans wore another woollen covering next the skin like our shirt, called INDUSIUM or Subucula, Horat. Ep m i. 1. 95. Suet. ibid, and by later writers, Interulia and Camisia. Linen clothes (vestes linece, Plin. xii. 6.) were not used by the ancient Ro- mans, and are seldom mentioned in the classics. The use of linen was introduced under the emperors from Egypt, Plin. Prcef. whence Sindon vel vestis Byssinoz, fine linen. Girls wore a linen vest or shift called Supparum vel -us, Plaut. Rud. i. 2. 91. Lucan. ii. 363, Festus. The Romans in later ages wore above the toga a kind of great- coat called LACERNA, Juvenal, ix. 29. open before and fastened with clasps or buckles, (FIBULiE, which were much used to fasten all the different parts of dress, Virg. JRn. iv. 139. Ovid. Met. viii. 318. except the toga,) especially 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, when the emperor 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 la- cerna came to be worn in place of it, to such a degree, that Augus- tus one day seeing from his tribunal a number of citizens in the as- sembly dressed in the lacerna, (pullati vel lacernati,) which was commonly of a dark colour, Martial, xiv. 129. repeated with indig- nation from Virgil, " Romanos rerum dominos gentemque togatum r y JEn. i. 282. and gave orders to the ediles not to allow any one to ap- pear in the forum or circus in that dress, Suet. Aug. 40. It was on- ly 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 texture, Juvenal, i. 27. ix. 28. Martial, ii. 19. Similar to the lacerna was the LiENA, (x* XiV *>) a Grecian robe or mantle thrown over the pallium, Serv. ad Virg. iEn. v. 262. Fes- tus. 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 capitium,) Plin. xxii. 15. used chiefly on journeys and in the army, Cic.Att. xiii. 33. Mil. 10. Sext. 38. Juv. v. 78. Senec. Ep. 87. N. Q. iv. 6. also in the 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; Petron. 28. Ovid. Art. Am. 352 KCMAN ANTIQUITIES. ii. 300. Pers. vi. 46. or Gausaptna pcenula, Martial, vi. 59. xiv. i 147. of various colours, and common to men and women, Ibid. sometimes made of skins, Scortea, Festus, Martial, xiv. 130. The military robe of the Romans was called SAGUM, an open woollen garment, which was drawn over the other clothes and fas- tened before with clasps; Suet. Aug. 26. Sil. xvii. 531. in danger- ous conjunctures worn also in the city, by all, except those of con- sular dignity, Cic. Phil. viii. 11. as in the Italic war for two years, Liv. Epit. 72. & 73. Palerc. ii. 16. Distento sago impositum in sub- lime jactare, to toss in a blanket, Suet. Oth. 2. Martial, i. 4. 7. The Romans wore neither stockings nor breeches, but used some- times to wrap their legs and thighs with pieces of cloth, (FASCIAE, vel -iolce, fillets, bands, or rollers,) named from the parts which they covered, T1BIALIA, and FEMINALIA, or Fcmor alia, i. e. tegumen- ta tibiarum et femorum, Suet. Aug-. 82. similar to what are mention- ed, 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. 144. but afterwards by the delicate and effeminate, Cic.Att. ii. 3. Har. resp. 21. Suet. Aug. 82. who like- wise had mufflers to keep the throat and neck warm, called FOCA- LIA vel Focale, sing, (a faucibus,) Horat. et Quinctil. ibid. Martial. iv. 41. vi. 41. xiv. 142. used chiefly by orators, Ibid, et Gel I. xi. 9. Some used a handkerchief (SUDARIUM) for that purpose, Suet. J\ r er. 51. Women used ornaments round their legs, (omamcnta circa crura.) called PERISCELTDES, Horat. Ep. i. 17. 56. The Romans had various coverings for the feet, (calctamenta vel tegumenta pedum, Cic. Tusc. v. 32.) but chiefly of two kinds. The one (CALCEUS, dWsjft*, a shoe,) covered the whole foot, some- what like our shoes, and was tied above with a latchet or lace, a point or string, (CORR1GIA, Lorum vel Ligula,) Cic. Divin. ii. 40. Martial, ii. 29. 57. The other (SOLEA, c-avJaA/ev, a slipper or sandal, quod solo pedis subjiciatur, Festus,) covered only the sole of the foot ; and was fastened on with leathern thongs or strings, (teretibus habenis vel obstrigillis vincta, Gell.xiii. 21. amentis, Plin. xxxiv. 6. s. 14. hence called Vincula, Ovid. Fast. ii. 324. Of the latter kind there were various sorts; Crepid^:, vel -dvlm, lb. Cic. Rabir. Post. 27. Horat. Sat. i. 3. 127. Gallics, Cic. Phil. ii. 30. Gell. xiii. 21. &c. and those who wore them were said to be discal- ceati, (ecirnroS'tiTit,) pedibus intectis, Tacit. Ann. ii. 59. The Greeks wore a kind of shoes, called Ph;ecasia, Senec. de benef. vii. 21. The calcei were always worn with the toga when a person went abroad, Cic. ibid. Plin. Epist. vii. 3. Suet. Aug. 73. whence he put them off, (calceos et vestimenta mutavit,) and put on (induebat vel inducebat) slippers, when he went on a journey, Cic. Mil. 10. Cali- gula permitted those who chose, to wear slippers in the theatre. Dio. lix. 7. as he himself did in public, Suet. 52. l'HE ROMAN DRESS. 353 • ppers (solem) were used at feasts, Plaut. True. ii. 4. 13. Herat. Sat. ii. 8. 77. Ep. i. 13. 15. but they put them off when about to eat, Martial, iii. 50. It was esteemed eiFeminate for a man to appear in public in slippers, (soleatus.) Cic. Har. Resp. 21. Verr. v. 33. Pis. 6. Liv. xxix. 19. Suet. Cal. 32. Slippers were worn by womea in public, Plaut. True. li. 8. The shoes of senators were of a black colour, and came up to the middle of their legs, Horat. Sat. i. 6. 27. They had a golden or silver crescent (luna vel lunula, i. e. C) on the top of the foot, Ju- venal, vii. 192 : hence the shoe is called lunata pellis. Martial, i. 50. and the foot lunata planta, Id. ii. 29. This seems to have been pe- culiar to Patrician senators, Scholiast, in Juvenal* hence it is called Patricia luna, Stat. Sih. v. 2. 28. The shoes of women were generally white, Ovid. Art. Am. iii. 271. sometimes red. scarlet, or purple, (rubri, mullet, et purpur Pers. v. 169. Virg. Eel. vii. 32. .En. i. 341. yellow, (lutei vel cerei,) Catull. lix. 9. kc. adorned with embroidery and pearls, particularly the upper leathers or upper parts, (crepidarum obstragula,) Plin. ix- 35. s. 56. Men's shoes were generally black ; some wore them scarlet or red, Martial, ii. 29. 8. as Julius Caesar, Dio. xliii. 43. and especially under the emperors, adorned with gold, silver, and precious stones, Plaid. Bacch. ii. 3. 97. Senec. ii. 12. Plin. xxxvii. 2. They were sometimes turned up at 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 shoe?, and plebeians only one, hid. xix. 34. Senec. de Tranqmll. Anim. 2, The people of ancient Latium wore shoes of unwrought leather, (ex corio crudo.) called PERONES, Virg. JEn. vii. 90. as did also the Marsi. Hernici, and Vestini, who were likewise clothed in skins, Juvenal, xiv. 195. &x. It was loner before they learned the use of tanned leather, (Alutj: ; ex alumine. (of alum.) quo pelUs svbige- bantur, ut molliores fierent.) which was made of various colours, Martial, ii. 29. vii. 34. The poor people sometimes wore wooden shoes, {golem lignea.) which used to be put on persons condemned for parricide, Auct. ad Herenn. i. 13. de Invent, ii. 50. Similar to these were a kind of shoes worn by country people, called Sculpoxce. Cato de re R. 59. with which they sometimes struck one another in the face, (os hatuebant.) Plaut. Cas. ii. 8. 59. as courtesans used to treat their lovers, (commitigare sandalio caput.) Terent. Eun. v. 8. 4. Thus Omphale used Hercules, lb. The shoes of the soldiers were called Calig.e. sometimes shod with nails, (clavis sujfixa;) those of the comedians, SOCCI, slippers, often put for solece ; of the tragedians. Cothurni. The Romans sometimes used socks or coverings for the feet, made of wool or goat's hair, called UDONES, Martial, xiv. 140. The Romans also had iron shoes (Sole^: ferret) for mules and horses, not fixed to the hoof with nails, as aunoi . lut fitted to the 354 ROMAN ANTIQUITIES. foot, so that they might be occasionally put on and off, Catull. xviii. 26. Suet. Mr. 30. Vesp. 23. Plin. xxx. 11. s. 49. sometimes of silver or gold ; (Poppcea conjux Neronis delicaiioribus jumentis suis soleas ex auro quoque induere,) Id. xxxiii. 11. s. 49. Dio. lxii. 28. Some think that the ancients did not use gloves, (chirotkecce vel manic a.) But they are mentioned both by Greek and Roman wri- ters, Homer. Odyss. 24. Plin. Ep. iii. 5. with fingers, (digitalia, -urn,) Van*. R. R. i. 55. and without them; what we call mittens. The ancient Romans went with their head bare, (capite 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 bald- ness, Suet. Jul. 45. which was reckoned a deformity among the Ro- mans, Ovid. Art. Am. iii. 250. Tacit. Annal. iv. 51. Suet, Domit, 18. Juvenal, iv. 38. as among the Jews, II. Kings, ii. 23. They used, however, in the city, as a screen from the heat or wind, to throw over their head the lappet of their gown, (laciniam vei si- num toga in caput rejicere,) which they took off when they met any one to whom they were bound to show respect, as the consuls, &c» Plutarch, in Pomp, et qu&st. Rom. 10. The Romans veiled their heads at all sacred rites but those of Saturn, Serv. in Virg. Mn. iii. 405. Liv. i. 26. in cases of sudden and extreme danger; Plaut. Most. ii. 1. 77. Petron. 7. 90. in grief or despair ; as when one was about to throw himself into a river, or the like, Horat. Sat. ii. 3. 37. Liv. iv. 12. Thus Caesar, when as- sassinated in the senate house ; Suet. Cces. 82. Pompey, when slain in Egypt; Dio. xlii. 5. Crassus, when defeated by the Parthians; Plutarch. Appius, when he fled from the Forum, Liv. iii. 49. So also criminals, when executed, Liv. i. 26. Sil. xi. 259. At games and festivals the Romans wore a woollen cap or bonnet . (PILEUS, vel -urn,) Horat. Ep. i. 13. 15. Martial, xi. 7. xiv. 1. Suet. Ner. 57. Senec. Epist. 18. which was also worn by slaves, hence called pileati, when made free ; Liv. xxiv. 16. Plaut. Amph. i. 303. or sold, Gell. vii. 8. whence pileus is j lerus, mixing false hair, (crinesjictive\ suppositi) with it, Scholiast, in Juvenal, vi. 120. So likewise warriors, Sil. /. 404. who some- times also used a cap of unwrought leather, (CUDO vel -on,) SiJ. viii. 494. xvi. 59. The head-dress of women, as well as their other attire, was differ- ent at different periods. At first it was very simple. They seldom THE ROMAN DRESS. 355 went abroad; and when they did, they almost always had their faces veiled. But when riches and luxury increased, dress became with many the chief object of attention ; hence a woman's toilet and ornaments were called MUNDUS MULIEBRIS, her world, Liv. xxxiv. 7. They anointed their hair with the richest perfumes, Ovid. Met. v. 53. Tibull. iii. 4. 28. and sometimes painted it, Tib. i. 9. 43. Ovid. Art. Am. iii. 163. (comam rutilabant vel incendebant) and made it ap- pear a bright yellow, with a certain composition or wash, a lixivium or ley; (lixivio vel -via, cinere vei cinere lixivii, Val. Max. ii. 1. 5. Plin. xvi. 20. Spumd Batavd, vel causticd, i. e. sapone, with soap, Martial, viii. 33. 20. xiv. 26. Suet. Cal. 47. Plin. xxviii. 12. s. 51.) but never used powder, which is a very late invention : first introdu- ced in France about the year 1593. The Roman women frizzled or curled their hair with hot irons, {calido ferro vel calamistris vibrabant, crispabant, vel intorquebant,) Virg. Mn. xii. 100. Cic. Brut. 75. hence coma calamistrata frizzled hair; Cic. Sext. 8. Homo calamistratus, by way of contempt; Cic. post. red. in Sen. 6. Plaut. Asin. iii. 3. 37 ; and sometimes raised it to a great height by rows and stories of curls; Juvenal, vi. 501. Hence Altum caliendrum, i. e. capillitium adulterinum vel capillar mentum, Suet. Cal. 11, An galeri vel galea, modum suggestum, Ter- tull. de Cult. Fern. 7. the lofty pile of false hair, Horat. Sat. i. 8. 48. suggestus, vel -um coma, as a building, Stat. Sylv. i. 2. 114. Coma in gradus formata, into stories; Suet. Ner. 51. Quinctil. xii. Flexus cincinnorum vel annulorum, the turning of the locks or curls, fim- bria vel cirri, the extremities or ends of the curls ; Cic. Pis. 1 1 . Ju- venal, xiii. 165. The locks seem to have been fixed by hairpins; (crinales acus,) Propert. iii. 9. 52. Dio. Ii. 14. The slaves who assisted in frizzling and adjusting the hair, (in crine componendo,) were called CINIFLONESorCiNERARii, Horat, Sat. i. 2. 98. who were in danger of punishment if a single lock was improperly placed, (si unus de toto peccaverat orbe comarum annulus 9 incerta non benefixus acu$) the whip (Taurea, i. e.fiagrum vel scu- tica de pene taurino) was presently applied, Juvenal, vi. 491. or the mirror, (Speculum,) made of polished brass or steel, of tin or silver, Plin. xxxiv. 17. s. 48. was aimed at the head of the offender, Mar- tial, ii. 66. A number of females attended, who did nothing but give directions, Juvenal, ibid. Every woman of fashion had at least one female hair-dresser (ornatrix,) Ovid, Amor, i. 14. 16. ii. 7. 17. &23. The hair was adorned with gold, and pearls, and precious stones, Ovid. Her. xv. 75. xxi. 89. Manil. v. 518. sometimes with crowns or garlands and chaplets of flowers, (corona et sorta) Plaut. Asin. iv. 1. 58. bound with fillets or ribands of various colours, (crinales vit- tce vel fascia,) Ovid. Met. i. 477. iv. 6. The head-dress and ribands of matrons w r ere different from those of virgins, Propert. iv. 12. 34. Virg. JEn. ii. 168. Ribands (VITTiE) seem to have been peculiar to modest women •, 3jG ROMAN ANTiqUITIE hence Vittot tenuis, insigne pudoris, Ovid. Art. Am. i. 31. Nil m cum vitta, i. e. cum muliere pudica et casta, Id. Rem. Am. 386. and, Joined with the Stola, were the badge of matrons, Id, Trist. 247 ; hence Etvos, quis vitta longaque vestis abest, i. e. impudicce, Id. Fast, iv. 134. Immodest women used to cover their heads with mitres, (Mitr.e vel mitellce,) Juvenal, iii. 66. Serv. in Virg. JEn. iv. 216. Cic, de Resp. Harusp. 21. Mitres were likewise worn by men, although esteemed effeminate, Cic. Rabir. Post. iO. and what was still more so, coverings for the cheeks, tied with bands (redimicula vel ligamina) under the chin, Virg. ibid, et ix. 616. Propert. ii. 29. An embroidered net or caul {reticulum auratum) was used for en- closing the hair behind, Juvenal, ii. 96. called vesica, from its thin- ness, Martial, viii. 33. 19. Women used various cosmetics, (medicamina vel lenocinia,) and washes or wash-balls (smegmata) to improve their colour, Ovid. Met. Tac. 51. &c. Senec.Heh. 16. They covered their faces with a thick paste, (multo pane vel tectorio,) which they wore at home, Ju- venal, vi. 460. &c. Poppaea, the wife of Nero, invented a sort of pomatum or oint- ment to preserve her beauty, called from her name POPPjEANUM, made of asses' milk, Ibid. ct. Plin. xi. 41. xxviii. 12. s. 50. in which she used also to bathe. Five hundred asses are said to have been daily milked for this purpose ; and when she was banished from Rome, fifty asses attended her, Ibid, et Dio. Ixii. 28. Some men imitated the women in daubing their faces ; thus Otho, (faciem pa- ne madido liner e quotidie consuevit,) Suet. Oth. 12. Juvenal, ii. 107. Pumice stories were used to smooth the skin, Plin. xxxvi. 21. s. 42. Paint (FUCUS) was used by the Roman women as early as the days of Plautus : ceruse or a white lead (cerussa,) or chalk, (creta.) to whiten the skin, and vermilion (minium, prupuris sum vel rubrica) to make it red, Plaut. Most. i. 3. 101. & 118. True. ii. 11. 35. Ovid. Art. Am. iii. 199. Horat. Epod. 12. 10. Martial, ii. 41. viii. 33. 17. Hence, fucatce, cerussatcc, cretata, et minionatce, painted, Ibid, in which also the men imitated them, Cic. Pis. 11. The women used a certain plaster which took off the small hairs from their cheeks ; or they pulled them out by the root (radicUus vellcbant) with instruments called VOLSELL.&, tweezers, Martial. ix. 28. which the men likewise did, Id. viii. 47. Suet. Cms. 45. Galb. 22. Oth. 12. Quinetil. i. 6. 44. v. 9. 14. Procem. viii. 19. The edges of the eyelids and eyebrows they painted with a black pow- der or soot, (fuligine collincbant,) Tertul. de cult. foem. 5. Ju- venal, ii. 93. Plin. Ep. vi. 2. When they wanted to conceal any deformity on the face, they used a patch, (SPLENIUM vel emplastrum,) Martial, ii. 29.8. sometimes like a crescent, lunatum,) Id. viii. 33. 22. also for mere ornament, Plin. Ep. vi. 2. Hence sphniatus, patched, Martial, x. 25, Regulus. a famous lawyer under Domitian, used to anoint THE ROMAN DREbS. 35 cumlinere) his right or left eye, and wear a white patch over one side or the other of his forehead, as he was to plead either for the plaintiff or defendant, (dextrum, si a v. pro petitore ; alterum, si a possessore esset acturus,) Plin. Ep. vi. 2. The Romans took great care of their teeth by washing and rub- bing them, Plin. Ep. viii. 18. Plin. xxxi. 10. Martial, xiv. 22. 56. When they lost them, they procured artificial teeth of ivory, Horat. Sat. i. 8. 48. Martial, i. 20. 73. ii. 41. v. 44. xii. 23. If loose, they bound them with gold, Cic. Legg. ii. 24. It is said iEsculapius first invented the pulling of teeth, (dtntis evulsionem,) Cic. Nat. D. iii.57. The Roman ladies used ear-rings (INAURES) of pearls, (mar- garitce, baccce, vel uniones,) Horat. Epod. viii. 14. Sat. ii. 3. 241. three or four to each ear, Plin. ix. 35. s. 56. Senec. de Benef. vii. 9. sometimes of immense value ; Suet. Jul. 50. Plin. ix. 35. s. 37. hence, Uxor tua locupletis domus auribus censum gerit, Senec. Vit. Beat. 17. and of precious stones, Ovid. Art. Am. i. 432 : also neck- laces or ornaments for the neck, (MONIL1A,) made of gold, and set with gems, Virg. JEn. i. 658. Ovid. Met. x. 264. Cic. Verr. iv. 18. which the men also used, Suet. Galb. 18. Ovid. Met. x. 115. Plin. ix. 35. But the ornament of the men was usually a twisted chain, (torquis, v. -es), Virg. iEn. vii. 351. or a circular plate of gold, (cir cuius auri vel aureus,) Virg. Mn. 559. also a chain com- posed of rings, (catena, catella, vel catenula,) used both by men and women, Liv. xxxix. 31. Horat. Ep. i. 17. 55. Ornaments for the arms were called ARMILLiE. There was a female ornament called SEGMENTUM, worn onlv by matrons, Val. Max. v. 2. 1. which some suppose to have been a kind of necklace, Serv. in Virg. Mn. i. 658. hid. xix. 31. but others, more properly, an embroidered riband, (fascia, tarnia, vel vitta intexta auro,) or a purple fringe, (purpurea, fimbria vel in- stita,) sewed to the clothes, Scholiast, in Juv. ii. 124. vi. 89. Ovid. Art. Am. iii. 169. Hence Vestis segmentata, an embroidered robe, or having a purple fringe, (a crebis sectionibus,) Plaut. The Roman women used a broad riband round the breast, call- ed STROPHIUM, which served instead of a bodice or stays, Ca- tul. Ixii. 65. They had a clasp, buckle, or bracelet on the left shoulder, called SPINTHER, or Spinter, Festus. Plaut. Men. iii. 3. 4. The ordinary colour of clothes in the time of the republic was white; but afterwards the women used a great variety of colours, according to the mode, or their particular taste, Ovid. Art. Am. iii. 187. Silk (vestis serica bombycina) was unknown to the Romans till towards the end of the republic. It is frequently mentioned by wri- ters after that time, Virg. G. ii. 121. Horat. Epod. viii. 15. Suet. Cal. 52. Martial, iii. 82. viii. 33. 68. ix. 38. xi. 9. 28. 50. Juvenal. vi. 259. The use of it was forbidden to men, Tacit. Annal. ii. 33. Vopisc. Tacit. 10. Heliogabalus is said to have been the first who wore a robe of pure silk, (vestis holoserim;) before that time it used to be mixed with KOMAN ANTIQUITIES some other stuff, (subsericum,) Lamprid. in Elagab. 26. 29. The silk, which had been closely woven in India, was unravelled, and wrought anew in a looser texture, intermixed with linen or woollen yarn, Plin. vi. 20. so thin that the body shone through it, (ut transluceret,) Ibid, first fabricated in the island Cos ; Plin. xi. 22. s. 26. Hence Vestes Com for series vel bombycince, tenues vel pellucidce, Tibull. ii. 3. 57. Propert. i. 2. 2. Horat. Sat. i. 2. 101. Ventus textilis, v. nebula. Petron. 35. The Emperor Aurelian is said to have refused his wife a garment of pure silk, on account of its exorbitant price, Vopisc. in Aurel. 45. Some writers distinguish between vestis bombycina and serica. The former they make to be produced by the si Ik- worm, (bombyx,) the latter from a tree in the country of the Seres, (sing. Ser.) in In- dia. But most writers confound them. It seems doubtful, however, if sericum was quite the same with what we now call silk, Plin. xi. 22. s. 25. xxiv. 12. s. 66. &c. Silk-worms (bombyces) are said to have been first introduced at Constantinople by two monks in the time of Justinian, A. U. 551. Procop. de Bell. Goth. iv. 17. The Romans were long ignorant of the manner in which silk was made. Clothes were distinguished, not only from their different texture and colour, but also from the place where they were manufactured; thus, Vestis aurea, aurata, picta, embroidered with gold ; purpurea, conchyliata, Cic. Phil. ii. 27. ostro vel murice, tincta, punicea, Tyrea vel Sarrana, Sidonia, Assyria, Phoenicia; Spartana, Meliboza; Getula, Pezna vel Punica, &c. PURPLE* dyed with the juice of a kind of shell-fish, called purpura or murex; found chiefly at Tyre in Asia; in Meninoc, -gis, an island near the Syrtis Minor, and on the Getulian shore of the Atlantic ocean, in Africa; in Laconica, in Europe, Plin. ix. 36. s. 60. The most valued purple resembled the colour of clot- ted blood, of a blackish shining appearance; whence blood is called by Homer, purpureus, Plin. ix. 38. s. 62. Under Augustus, the vi- olet colour (violacea purpura) came to be in request ; then the red {rubra Tareutina) and the Tyrian twice dyed, (Tyria dibapha, i. e. bis tincta,) Plin. ix. 39. s. 63. Horat. Od. ii. 16. 35. Vestis coccinea, rel cocco tincta, scarlet, Martial, v. 24. also put for purple, Horat. • Bruce in his travels affirms, that though he caused the waters to be carefully dragged for the Murex, near Tyre, no such shell-fish was to be found there, and he therefore hastily concludes, that the Tyrians, &c. who dyed purple, framed the story of a dye made from the Murex, &c. only to conceal their knowledge of cochineal. But there were many other places, besides Tyre, where purple was manufactured, particularly at Tarentum, now Tarauto, in Italy, where Ulysses, in his travels, says immense heaps of these shells are still to be seen. It is said that this shell-fish is also found on the coasts of Guayaquil and Giiatimala, in Peru. It is of the ske of a large walnut, and adheres to the rocks that are washed by the sea. The fluid may be extracted by squeezing without killing the fish ; but if the operation be often repeat- ed, the fish dies. There are many species of the Murex. Various shades in the dye were produced from other shell-fish, particularly from a kind of Buceinum ; but the finest tint was gotten from the Murex. These species of shells are found in various parts of the Mediterranean, but the use of them is now superseded by Cochineal. — E. THE ROMAN DRESS. 359 Sat. vi. 102. & 106. Melitensis, e gossypio vel xylo, cotton, Cic. Verr* ii. 72. Plin. xix. 1. Coa, i. e. Serica vel bombycina et purpura, fine silk and purple made in the island Cos or Coos, Horat. Od. iv. 13* 13. Sat. i. 2. 101. Tib. ii. 4. 29. Juvenal, viii. 101. Phrygvr>na,vt\ -iona, i. e. acu contexta et aureis Jilis decora, needle-work or embroi- dery, Plin. viii. 48. s. 74. Others read here Phryxiana, and make it a coarse shaggy cloth ; freeze, opposed to rasa, smoothed, without hairs : Virgata, striped, Virg. JEn. viii. 660. Scutulata, spotted or figured, Juvenal, ii. 97. like a cobweb, (aranearum tela,) which Pli- ny calls rele scutulatum, xi. 24. Galbana vel -ina, green or grass- coloured, Juvenal, ibid, {color herbarum,) Martial. v* 24. worn chief- ly by women ; hence Galoanatus, a man so dressed, Id. iii. 82. 5. and Galbani mores, effeminate, i. 97. Amethystina, of a violet or wine-colour, Ibid. & ii. 57. xiv. 154. Juvenal, vii. 136. prohibited by Nero, Suet. 32. as the use of the vestis conchiliati, a particular kind of purple, was by Caesar, except to certain persons and ages, and on certain days, Suet. Jul. 43. Crowda, a garment of a saffron, colour, (crocei colons,) Cic. Resp. Har. 21. Sindon, fine linen from Egypt and Tyre, Martial, ii. 16. iv. 19. 12. xi. 1. Vestis atra vel pulla, black or iron gray, used in mourning, &c. In private and public mourning, the Romans laid aside their orna- ments, their gold and purple, Liv. ix. 7. xxxiv. 7. No ornament was more generally worn among the Romans than rings, (ANNULI.) This custom seems to have been borrowed from the Sabines, Liv. i. 1 1. The senators and equites wore golden rings, Liv. xxiii. 12. xxvi. 36. also the legionary tribunes, Appian. deBelL Punic. 63. Anciently none but the senators and equites were allow- ed to wear gold rings, Dio. xlviii. 45. The plebeians wore iron rings, Stat. Silv. iii. 2. 144. unless when presented with a golden one for their bravery in war, Cic.Verr. iii. 80. or for any other desert, Suet. Jul. 39. Cic. Fam. x. 31. Macrob* Sat. ii. 10. Under the emperors, the right of wearing a golden ring was more liberally conferred, and often for frivolous reasons, Plin. xxxiii. 1.&2. Suet. Galb. 14. Vitell. 12. Tacit. Hist. iv. 3. At last, it was granted by Justinian to all citizens, Novell. 78. Some were so finical with respect to this piece of dress, as to have lighter rings for summer, and heavier for winter, Juvenal, i. 28. hence call- ed Semestres, Id. vii. 89. The ancient Romans usually wore but one ring, on the left hand, on the finger next the least; hence called digitus annularis, Gell. x. 10. Macrob. vii. 13. But in later times, some wore several rings, Horat. Sat. ii. 7. 9. some, one on each finger, Martial, v. 62. 5. or more, Id. v. 1 1. xi. 60. which was always esteemed a mark of effe- minacy. Rings were laid aside at night, and when they bathed, Ibid. Terent. Heaut. iv. 1. 42. Ovid. Amor. ii. 15. 23. also by suppliants, Liv. xliii. 16. Val. Max. viii. 1. 3. and in mourning, Liv. ix. 1. Suet, Aug. 101. Isidor. xix. 31. 360 ROMAN ANTIQUITIES. The case (capsula) where rings were kept, was called Dactylo- theca, Martial, xi. 60. Rings were set with precious stones (gemma) of various kinds ; as jasper, (jaspis,) sardonyx, adamant, &.c. Martial, ii. 50. v. 11. on which were engraved the images of some of their ancestors or friends, or a prince or a great man, Cic. Cat. lii. 5. Fin. v. 1. Ovid. Trist, i. 6. 5. Plin. Ep. x. 16. Suet. Tib. 58. Senec. de ben. iii. 26. or the representation of some signal event, Suet.Galb. x. or the like, Plin. xxxvii. 1 . Plaut. Cure. iii. 50. Thus on Pompey's ring were en- graved three trophies, Dio. xlii. 1 8. as emblems of his three triumphs, over the three parts of tbe world, Europe, Asia, and Africa, Cic. Sext. 61. Pis. 13. Balb. 4. & 6. Plin. vii. 26. On Caesar's ring, an armed Venus, Dio. xliii. 43. on that of Augustus, first a sphinx, afterwards the image of Alexander the Great, and at last his own, which the succeeding emperors continued to use, Plin. 37. 1. Suet. Aug. 50. Dio. Ii. 3. Nonius, a senator, is said to have been proscribed by Antony for the sake of a gem in his ring, worth 20,000 sesterces, Plin. xxxvii. 6. s. 21. Rings were used chiefly for sealing letters and papers, (ad tabula $ obsignandas, Annulus signatorius,) Macrob. Sat. vii. 13. Liv. xxvii. 28. Tacit. Annal. ii. 2. Martial, ix. 89. a so cellars, chests, casks, &c. Plaut. Cas. ii. 1. 1. Cic. Fam. xvi. 26. They were af- fixed to certain signs or symbols, (symbola, v. -i.) used for tokens, like what we call Tallies, or Tally-sticks, and given in contracts in- stead of a bill or bond, Plaut. Bacch. ii. 3. 29. Pseud* i. 1. 53. ii. 2. 53. iv. 7. 104. or for any sign, Justin, ii. 12. Rings used also to be given by those who agreed to club for an entertainment, (qui coierunt^ ut de symbolis essent, i. e. qui communi sumptu erant una coznaturi.) to the person commissioned to bespeak it, (qui ei rei prcefectus est,) Ter. Eun. ii. 4. 1 . Plaut. Stich. iii. 1 . 28. & 34. from symbola, a shot or reckoning ; hence symbolam dare, to pay his reckoning, Ter. And. i. 1. 61. Asymbolus ad coznam venire, without paying, Id. Phorm. ii. 2. 25. Gell. vi. 13. The Romans anciently called a ring ungulus, from unguis, a nail ; as the Greeks, <5\scct*a<«$, from , v. -ium), was furnished r ROMAN ENTERTAINMENTS, kc. 369 them in the house where they supped, to dry them, Virg. JEn. u 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. 63. but not always, Hor. Ep. i. 5. 22. The mappa was some- times adorned with a purple fringe, (lato clavo,) Mart. iv. 46. 17. The guests used sometimes, with the permission of the master of the feast, to put some part of the entertainment into the mappa, and give it to their slaves to carry home, Mart, ii. 32. Table-cloths (iintea villosa, gausapa vel mantilia.) began to be used under the emperors, Martial, xiv. 138. xii. 29. 12. In latter times the Romans before supper used always to bathe, Plant. Stick, v. 2. 19. The wealthy had baths, (BALNEUM, vel Balineum, plur. -necevel -a), both cold and hot, at their own houses, Cic. de Orat. ii. 55. There were public baths (Balnea) for the use of the citizens at large, Cic. Cat. 26. Horat. Ep. i. 1. 92. where there were separate apartments for the men and women, (balnea virilia et muliebria) Varro. de Lat. Ling. viii. 42. Virtruv. v. 10. Gell. x. 3. Each paid to the bath-keeper (balneator) a small coin, (quadrans,) Horat. Sat. i. 3. 137. Juvenal, vi. 446. Hence res quadrantaria for balneum, Senec. Epist. 86. Quadrantaria permutatis, i. e. pro quad- rante copiam sui fecit, Cic. Coel. 26. So quadrantaria is put for a mean harlot, Quinctil. viii. 6. Those under age paid nothing, Ju- venal, vi. 446. The usual time of bathing was two o'clock (octava hora) in sum- mer, and three in winter, Plin. Ep. iii. 1. Martial, x. 48. on festival days sooner, Juvenal, xi. 205. The Romans before bathing took various kinds of exercise, (eocer- citationes campestres, post decisa ntgotia campo, sc. Martio. Hor. Ep. i. 1. 59.) as the ball or tennis, (PILA,) Horat. 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. 11. the PA- LUS, or Palaria, Juvenal, vi. 246. (See p. 317.) riding, running, leaping, &c. Suet. Aug. 83. Martial, vii. 31. There were chiefly four kinds of balls ; — 1. PILA trigonalis vel trigon, so called, because those who played at it, were placed in a triangle, (rpiyavov,) and tossed it from one another ; he who first let it come to the ground was the loser,— 2. FOLLIS velfolliculus, in- flated 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, Horat. Sat. ii. 2. 11. if smaller, with the hand, armed with a kind of gauntlet; hence called Follis pugillatorius, Plaut. Rud. iii. 4. 16. Martial xiv, 47. 3. PILA PAGANICA, the village-ball, stuffed with feathers ; less than the follis, but more weighty, Mar- tial, xiv. 45. 4. HARPASTUM, (ab *?**£». rapio,) the small- est of all, which they snatched from one another, Martial iv. 19. vii. 31. Suet. Aug. 83. Those, who played at the ball, were said ludere raptim, vel piktm revocare cadentem, when they struck it rebounding from the ground : 47 370 ROMAN ANTIQUITIES 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 gestus ; when they snatched the hall from one another, and threw it aloft, without letting it fall to the ground, ludere expulsim, vel pilam geminare volanUm, Lucan. ad Pison. 173. Plaut. 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 Sphleristerium, Suet, Vesp. 20. Plin. Ep. ii. 17. v. 6. Young men and boys used to amuse themselves in whirling along a circle of brass or iron, set round with rings, as our children do wooden hoops. It was called TROCHUS, (a *%*x u , curro,) and Grcecus trochus, because borrowed from the Greeks, Jiorat, Od, iii. 24. 57. Martial, xi. 22. xiv. 169. The top (Turbq vel buxum) was peculiar to boys, Virg, JEn, vii. 378. Pers, iii. 51. Some, con- founded these two, but improperly. Those who could not join in these exercises, took the air on foot, in a carriage, or a litter. There were various places for walking, (AMBULACRA vel AM- BULATIONES, ubi spatiarentur,) both public and private, under the open air, or under covering, Cic, Dom, 44. Orat, ii. 20. Ait, xiii. 29. ad Q. Fratr, iii. 17. Gell. 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, chiefly round the Campus Martius and Forum, sup- ported by marble pillars, and adorned with statues and pictures, some of them of immense extent; as those of Claudius, Martial, de Sped. ii. 9. of Augustus, Suet. 31. of Apollo, Prop. ii. 31. 1. Ovid, Trist, iii. 1. 59. of Nero, Suet. Ner, 31. of Pompey, Cic. de Fat. 4. Ovid. Art. Am. i. 67. of Livia, Plin. Ep. i. 5. he. Porticos were employed for various other purposes besides taking exercise. Sometimes the senate was assembled, and courts of jus- tice held in them. A place set apart for the purpose of exercise on horseback or in vehicles, was called GESTATIO. In villas it was generally con- tiguous to the garden, and laid out in the form of a circus, Plin. Epist. i. 3. ii. 17. An enclosed gallery, with large windows to cool it in summer, 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 etiniente legere,) Plin. Ep. ix. 36. As the Romans neither wore linen, nor used stockings, frequent bathing was necessary, both for cleanliness and health, especially as they took so much exercise. Anciently they had no other bath but the Tiber. They indeed had no water but what they drew from thence, or from wells in the and neighbourhood ; as the fountain of Egeria, at the foot of ROMAN ENTERTAINMENTS, &e. 371 Mount Aventine, Liv. i. 19. Ovid. Fast. iii. 273. Juvenal, iii. 13. of Mercury, Ovid. Fast. v. 673. &c. The first aqueduct at Rome was built by Appius Claudius, the censor, about the year of the city 441. Diodor. xx. 36. Seven or eight aqueducts were afterwards built, which brought water to Rome from the distance of many miles, in such abundance, that no city was better supplied. The aqueducts were constructed at a prodigious expense, carried through rocks and mountains, and over valleys, supported on stone or brick arches. Hence it is supposed the Romans were ignorant that water conveyed in pipes rises to the height of its source, what- ever be the distance or inequality of ground through which it passes. It is strange they did not discover this fact, considering the frequent use they made of pipes, (fistulas) in conveying water. That they were not entirely ignorant of it, appears from Pliny, who says, Aqua in vel e plumbo subit altitudinem exortus sui, water in leaden pipes rises to the height of its source, xxxi. 6. s. 31. The truth is, no pipes could have supported the weight of water conveyed to the city in the Roman aqueducts. The waters were collected in reservoirs, called CASTELLA, and thence distributed throughout the city in leaden pipes, Plin. xxxvi. 15. Horat. Ep. i. 10. 20. When the city was fully supplied with water, frequent baths were built, both by private individuals and for the use of the public ; at first, however, more for utility than show, (in uswn, non oblectamen- turn,) Senec. Ep. 86. It was under Augustus that baths first began to assume an air of grandeur, and were called THERMiE, (S-eppat, calores, i. e. calidce aquas, Liv. xxxvi. 15.) bagnios or hot baths, although they also con- tained cold baths. An incredible number of these were built up and down the city, Plin. Epist. iv. 8. authors reckon above eight hun- dred, many of them built by the emperors with amazing magnifi- cence. The chief were those of Agrippa, near the Pantheon, Dio. liii. 27. Martial, iii. 20. of Nero, Martial, vii. 33. Stat. Silv. i. 5. 61. of Titus, Suet. 7. of Domitian, Suet. 5. of Caracalla, Antoni- nus, Dioclesian, &c. Of these, splendid vestiges still remain. The basin (labrum aut lacus) where they bathed, was called BAP- TISTERIUM, NATATIO or Piscina. The cold bath was called FRIGIDARIUM, sc. ahenum v. balneum; the hot, CALDARIUM, and the tepid, TEPIDARIUM. The cold bath-room was called Cella Frigidaria ; and the hot, Cella Caldaria, Plin. Epist. v. 6. Vitruv. v. 10. the stove-room, Hypocauston, or Vaporari- um, Cic. Q. Fratr. iii. 1. warmed by a furnace (propigneum vel prat* furnium) below, Plin. Ep. ii. 17. adjoining to which were sweating rooms, (SUDATORIA, Senec. Epist. 52. vel Assa, sc. balnea; Cic. Q. Fratr. iii. 1.;) the undressing room was named AroDiTARiUM, Cic. ibid. Plin. Ep. v. 6. the perfuming room, Unctuarium, ii. 17. Several improvements were made in the construction of baths in the time of Seneca, Epist. 90. The Romans began their bathing with hot water, and ended with 372 ROMAN ANTIQUITIES. cold. The cold bath was in great repute, after Antonius Musa re- covered Augustus from a dangerous disease by the use of it; Suet. Aug. lix. 81. Plin. xxix. 1. Horat. Ep. i. 15. but fell into discredit after the death of Marcel lus, which was occasioned by the injudici- ous application of the same remedy, Dio. liii. 30. The person who had the charge of the bath was called BALNE- ATOR, Cic. Cat. 26. Phil. xiii. 12. He had slaves under him, called Capsarii, who took care of the clothes of those who bathed. The slaves who anointed those who bathed, were called ALIP- Ti£, Cic. Fam. i. 9. 35. Juvenal, iii. 76. vi. 421. or Unctores, Martial, vii. 31. 6. xii. 71.3. The instruments of an Aliptes were a curry-comb or scraper, (STRIGILIS, v. il.) to rub off, (ad defricandum et destringendum vel radendum) the sweat and tilth from the body ; made of horn or brass, sometimes of silver or gold, Suet. Aug. 80. Horat. Sat. ii. 7. 110. Pers. v. 126. Martial, xiv. 51. Senec. Epist. 95. whence strig- menta for sordes ; — towels or rubbing cloths, (L1NTEA,) — a vial or cruet of oil, (GUTTUS,) Juvenal, xi. 158. usually of horn, (cornc- usj) hence a large horn was called Rhinoceros. Juvenal, iii. 263. vii. 130. Martial, xiv. 52. 53. Gell. xvii. 8. a jug: (ampulla,) Plaut. Stick, i. 3. 77. Pers. i. 3. 44. and a small vessel called Len~ ticula, a Chrismatery. The slave who had the care of the ointments was called Unguen- TArius, Serv. in Virg. JEn. i. 697. As there was a gre-it concourse of people at the baths, poets some- times read their compositions there ; Horat. Sat. i. 4. 73. MartiaL iii. 44. 10. as they also did in the porticoes and other places, Juve~ rial, i. 12. vii. 39. Plin. Epist. i. 13. iii. 18. vii. 17. viii. 12. Suet* Aug. 89. Claud. 41. Domit. 2. chiefly in the months of July and August, Plin. Epist. viii. 21. Juvenal, iii. 9. Studious men used to compose, hear, or dictate something while they were rubbed and wiped, Suet. Aug. 85. Plin. Epist. iii. 5. iv. 14. Before bathing, the Romans sometimes used to bask themselves in the sun, (sole uti,) Plin. Ep. iii. 5. vi. 16. Sen. Ep. 73. In sole, si caret vento, ambulet nudus, sc. Spurrina, Plin. Ep. iii. 1. Under the emperors, not only places of exercise, (gymnasia et palestrce,) but also libraries (bibliothecce) were annexed to the public baths, Senec. de Tranquil. An. 9. The Romans after bathing dressed for supper. They put on the SYNTHESIS (vestis camatoria vel accubatoria) and slippers; which, when a person supped abroad, were carried to the place by a slave, with other things requisite; a mean person sometimes carried them himself, Horat. Ep. i. 13. 15. It was thought very wrong to appear at a banquet without the proper habit, Cic. Vat. 12. as among the Jews, Matth. xxii. 11. After exercising and bathing, the body required rest; hence pro- bably 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. Horat. Sat. ii. 8. 77. ROMAN ENTERTAINMENTS, &c. 373 At feasts, the guests were crowned with garlands of flowers, herbs, or leaves, (serta, corona, vel corolla,) tied and adorned with ribands, (vittce, tenia, vei lemnisci) or with the rind or skin of the linden tree, {philyra,) Horat. Od. ii. 7. 23. ii. 11.13. Sat. ii. 3. 256. Virg. Eel. vi. 16. Juvenal, v. 36. xv. 50. Martial, xiii. 127. Ovid. Fast. v. 337. Plin. xvi. 14. These crowns, it was thought, prevented in- toxication : Hence cum corona ebrius, Piaut. Pseud, v. 2. Amph. iii. 4. 16. Their hair also was perfumed with various ointments; (unguenta vel aromata.) nard or spikenard, Nardum, vel -us, Malobathrum Assyrium, Horat. ibid. Martial, iii. 12. Amomum, Virg. Eel. iii. 89. iv. 25. Balsamum ex Judcea, Plin. xii. 25. s. 54. &c. — When fo- reign ointments were first used at Rome, is uncertain ; the selling of them was prohibited by the censors, A. U. 565. Plin. xiii. 3. s. 5. The Romans began their feasts by prayers and libations to the gods : (deos invocabant, Quinctilian, v. pr. Libare diis dapes et bene precari, Li v. xxxix. 43.) They never tasted any thing without con- secrating it; Tibull. i. 1. 19. They usually threw a part into the fire as an offering to the Lares, therefore called Dn patellarii, Plant. Cist. ii. 1. 46. Hence Dapes libat.se ; Horat. Sat. ii. 6. 67. and when they drank, they poured out a part in honour of some god on the table, which was held sacred as an altar, Macrob. Sat. iii. 11. Virg. JEn. i. 736. Sil. vii. 185. 748. Plaut. Cure. i. 2. 31. Ovid, Amor. i. 4. 27. with this formula, Libo tibi, Tacit. AnnaL xv. 64. The table was consecrated by setting on it the images of the Lares and salt-holders, (salinorum appositu,) Arnob. ii. Salt was held in great veneration by the ancients. It was always used in sacrifices, Horat, Od. iii. 23. 20. Plin. xxxi. 7. s. 41. thus also Moses ordained, Levit. ii. 13. It was the chief thing eaten by the ancient Romans with bread and cheese, Plin. ibid. Horat. Sat, ii. 2. 17. as cresses, (nasturtium) by the ancient Persians, Cic. Tusc. v. 34. Hence Salarium, a salary or pension, Plin. ibid. Suet. Tib* 46. Martial, iii. 7. thw^Salaria multis subtraxit, quos otiosos videbat accipere, sc. AntoninusPius, Capitolin. in vita ejus, 7. A family saltcellar (paternum salinum, sc. vas) was kept with great care, Horat. Od. ii. 16. 14. To spill the salt at table was esteemed ominous, Festus. Setting the salt before a stranger was reckoned a symbol of friendship, as it still is by eastern nations. From the savour which salt gives to food, and the insipidity of un- salted meat, sal was applied to the mind, Plin. xxxi. 7. s. 41. hence SAL, wit or humour; salsus, witty; insulsus, dull, insipid; sales, witty sayings; sal Atticum, sales urbani, Cic. Fam. ix. 15. Sales in- tra pomozria nati, polite raillery or repartees, Juvenal, ix. 11. Sat niger, i. e. amari sales, bitter raillery or satire, Horat. Ep. ii. 2. 60. but in Sat. ii. 4. 74. sal nigrum means simply black salt. Sal is metaphorically applied also to things ; thus, Tectum plus salis quam sumptus habebal, neatness, taste, elegance, Nep. Att. 13. Nulla in cor pore mica salis, Catull. 84. 4. The custom of placing the images of the gods on the table, pre- vailed also among the Greeks and Persians, particularly of Hercules ; 374 ROMAN ANTIQUITIES. hence called Epitrapezius, Stat. Sylv. iv. 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, Juvenal, ii. 110. To this Virgil alludes, JEn. vii. 114. As the ancients had not proper inns for the accommodation 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 intimate connexion, and called HOSPITIUM, or Jus Hospitii, Liv. i. 1. Hence HOSPES is put both for an host or entertainer, and a guest, Ovid. Met. x. 224. Plaut. Most. ii. 2. 48. Cic. Dejot. 3. Accipere hospitem non multi cibi sed multi joci i Cic. Fam. ix. 26. Divertere ad hospitem, De Divin. i. 27. s. 57, Fin. v. 2. Hospitium, cum aliquo facer e, Liv. et Cic. Jungimus hos- pitio dextras, sc. in Virg. Mn. iii. 83. Hospitio conjungi, Cic. Q. Fr. i. 1, Hospitio aliquem excipere et accipi; renunciare hospitium ei, Cic. Verr. ii. 36. Liv. xxv. 18. Amicitiam ei more majorum renun- ciare, Suet. Cal. 3. Tacit. Ann. ii. 70. Domo interdicere, Id. Aug, 66. Tacit. 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. Balb. 18. Cms. B. G. i. 31. Hence Clientele hos- pitiaque provincialia, Cic. Cat. iv. 11. Publici hospitii jura, Plin. iii. 4. Individuals used anciently to have a tally, (TESSERA hospitali- tails,) or piece of wood cut into two parts, of which each party kept one, Plaut. Pazn. v. 1. 22. & 2. 92. They swore fidelity to one another by Jupiter; hence called Hospitalis, .Cic. Q. Fr. ii. 11. Hence a person, who had violated the rights of hospitality, and thus precluded himself access to any family, was said confre- gisse tesseram, Plant. Cist. ii. 21. « A league of hospitality was sometimes formed by persons at a dis- tance, by mutually sending presents to one another, quae mittit dona, hospitio quum jungeret absens Ccedicus, Virg. Mn. ix. 361. The relation of hospites was esteemed next to that of parents and clients, Gell. i. 13. To violate it was esteemed the greatest impie- ty, Virg. JEn. v. 55. Cic. Verr. v. 42. The reception of any stranger was called Hospitium, or plur. -ia, Ovid. Fast. vi. 536. and also the house or apartment in which he was entertained ; thus, hospitium sit tua villa meum, Ovid. Pont. i. 8. 69. Divisi in hospitia, lodgings, Liv . ii. 14. Hospitale cubiadum, the guest-chamber, Liv. i. 58. Hospitio utebatur Tulli, lodged at the house of, lb. 35. Hence Florus calls Ostia, Maritimum urbis hospi- tium, i. 4. So Virgil calls Thrace, Hospitium antiquum Trojce, a place in ancient hospitality with Troy, JEn. iii. 15. Linquere pollu- fum hospitium, i.e. locum in quo jura hospitii violata fuerant, lb. 61. The Roman nobility used to build apartments (domimcida) for ROMAN ENTERTAINMENTS, kc. 37 •> strangers, called HOSPITALIA, 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 peristyle or principal entry; (Peris- tylium,) so called because surrounded with columns, Vitruv, vi. 10. Suet. Aug. 82. The CCENA of the Romans usually consisted of two parts, called Mensa prima, the first course, consisting of different kinds of meat ; and Mensa secunda vel altera, second course, consisting of fruits and sweetmeats, Serv. in Virg. Mn. i. 216. 723. viii. 283. In later times, the first part of the ccena was called GUSTATIO, Petron. 22. 31. or Gustus, consisting of dishes to excite the appe- tite, a whet, Martial, xi. 32. 53. and wine mixed with water and sweetened with honey, called MULSUM; Horat. Sat. ii. 4. 26. Cic. Tusc. iii. 19. Orat. ii. 70. Fin. ii. 5. s. 17. Plin. xxii. 24. whence what was eaten and drunk (antecoznd) to whet the appetite, was named PROMULSIS, Cic. Fam. ix. 16. 23. Senec. Ep. 123. and the place where these things were kept, Promulsidarium, v. -re, or Gusta- TORiUM, Petron. 31. Plin. Ep. v. 6. Martial, xiv. 88. Plin. ix. 12. But gustatio is also put for an occasional refreshment through the day, or for breakfast, Plin. Ep. iii. 5. vi. 16. Suet. Aug. 76. Vopisc. Tac. 11. The principal dish at supper was called CCENjE CAPUT vel Pompa, Martial, x. 31. Cic. Tusc. v. 34. Fin. ii. 8. The Romans usually began their entertainments with eggs, and ended with fruits : hence Ab ovo usque ad mala, from the begin- ning to the end of supper, Horat. Sat. i. 3. 6. Cic. Fam. ix. 20. The dishes (edulia) held in the highest estimation by the Romans are enumerated, Gell. vii. 16. Macrob. Sat. ii. 9. Stat* Silv. iv. 6. 8. Martial, v. 79. ix. 48. xi. 53. &c. a peacock, (pavo, v. -us,) Horat. Sat. ii. 2. 23. Juvenal, i. 143. first used by Hortensius, the orator, at a supper, which he gave when admitted into the college of priests 5 (aditiali c&nd sacerdotii,) Plin. x. 20. s. 23. a pheasant, (phasiana, ex Phasi Colchidis fluvio,) Martial, iii. 58* xiii. 72. Senec. ad Helv. 9. Petron. 79. ManiL v. 372. a bird called Attdgen vel -ina, from Ionia or Phrygia, Horat. Epcd. ii. 54. Martial, xiii. 61. a guinea-hen ; (avis Afra* Horat. ibid. Gallina Numidica vel Africana, Juvenal, xi. 142. Martial, xiii. 73.) a Melian crane, an Ambracian kid; nightin- gales, luscinice; thrushes, turdi; ducks, geese, &c. Tomaculum, (a TtfMa,) vel Isicium, (abinseco,) sausages or puddings, Juvenal, x. 355. Martial, i. 42. 9. Petron. 31. Sometimes a whole boar was served up ; Hence called Animal propter convivia natum, Juvenal, i. 141. and Porcus Trojanus, stuffed with the flesh of other animals, Macrob. Sat. ii. 9. The Romans were particularly fond offish, Macrob. Sat. ii. 11. Mullus, the mullet ; rhombus, thought to be the turbot ; murcena, the lamprey; scarus, the scar or schar ; accipenser, the sturgeon ; lupus, a pike, &c. but especially of shell-fish, pisces testacei, pectincs, pec- tunculi, vel conchylia, ostrea, oysters, &c. which they sometimes 'brought all the way from Britain, Rutnpinoque editafundo, from 376 ROMAN ANTIQUITIES. Rutupia, Richborough in Kent, Juvenal, iv. 141. also snails, (coch- lea), Plin. Ep. i. 15. Oyster-beds (ostrearwn vivaria) were first invented by one Ser« gius Arata, before the Marsic war, A. U. 660. on the shore of Baiae, (in Baiano), and on the Lucrine lake, Plin.'w. 54. s. 79. Hence Lucrine oysters are celebrated. Hurat. Epod. 2. 49. Some prefer- red those of Brundusium : and to settle the difference, oysters used to be brought from thence, and fed for some time on the Lucrine lake, Plin, Ibid. The Romans used to weigh their fishes alive at table ; and to see them expire was reckoned a piece of high entertainment, Plin. ix. 17. s. 30. Senec. Nat. Q. iii. 17. and 18. The dishes of the second table or the dessert, were called BEL- LARIA ; including fruits, poma vel mala, apples, pears, nuts, figs, olives, grapes, Pistachice, vel -a, Pistachio nuts ; amygdala, al- monds ; uvoz passes, dried grapes, raisins ; caricoz, dried figs ; palmu- Im, caryoliz, vel dactyli, dates, the fruit of the palm-tree ; boleti, mushrooms, Plin. Ep. i. 7. nuclei pinei ; the kernels of pine-nuts ; also sweetmeats, confects, or confections, called Edulia me llita vel dulciaria ; cupediai, cms tula, liba, placentae, ortologani, cheese- cakes, or the like ; coptce, almond-cakes ; scriblita, tarts, &c. whence the maker of them, the pastry-cook, or the confectioner, was call- ed Pistor vel conditor dulciarius, placentarius, libarius, crustularius^ &c. There were various slaves who prepared the victuals, who put them in order, and served them up. Anciently the baker and cook (pistor et coquus vel cocus) were the same, Festus. An expert cook was hired occasionally, Plaut. Aul. ii. 4. 185. Pseud, iii. 2. 3. & 20. whose distinguished badge was a knife which he carried, Id. Aul. iii. 2. 3. But after the luxu- ry of the table was converted into an art, cooks were purchased at a great price, Liv. xxxix. 6. Plin. ix. 17. s. 31. Martial, xiv. 220. Cooks from Sicily in particular were highly valued, Athen. xiv. 23. hence Simla dapes, nice dishes, Horat. Od. iii. 1.18. There were no bakers at Rome before A. U. 580 ; baking was the work of the women, Plin. xviii. 1 1. s. 28. Varro. de Re Rust. ii. 10. but Plutarch says, that anciently Roman women used neither to bake nor cook victuals, Qucest. Rom. 84. s. 85. The chief cook who had the direction of the kitchen, (qui coqui- 7103 prceerat, was called ARCH1MAGIRUS, Juvenal, ix. 109. The butler who had the care of provisions, PROMUS Condus, Procu- rator peni, (Penus autem omne qui) vescuntur homines, Cic. de Nat. D. ii. 27.) Plaut. Pseud, ii. 2. 14. Horat. Sat. ii. 2. 16. He who put them in order, STRUCTOR, Martial, ix. 48. Juvenal, vii. 184. and sometimes carved, Id. v. 120. xi. 136. the same with CARP- TOR, Carpus, or Scissor, Id. ix. 110. He wfio had the charge of the hall, Atriensis, Cic. Parad. v. 2. They were taught carving as an art, and performed it to the sound of music; hence called Chironomontes vel gesliculatores ; Juvenal, v. 121. xi. 137. Petron. 35. 36. ROMAN ENTERTAINMENTS, kc. 377 The slaves who waited at the table were properly called MINIS- TRY ; lightly clothed in a tunic, and girt, (succincti vel alte cincti, Horat. Sat. ii. 6. 107. ii. 8. 10.) with napkins, (linteis succincti, Suet. Cal. 26.) who had their different tasks assigned them ; some put the plate in order, (argentum ordinabant,) Senec. de brev. Vit* 12. some gave the guests water for their hands, and towels to wipe them; Petron. 31. some served about the bread ; some brought in the dishes, (opsonia inferebant,) and set the cups, Virg. JEn. i. 705. &c. some carved; some served the wine, Juvenal, v. 56. 59. &c. In hot weather, there were some to cool the room with fans (flabella,) and to drive away the flies, Martial, iii. 82. Maid-servants, (fa- mul Ter. 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, (coznam ei condixit, vel ad coznam,) Cic. Fam. i. 9. Suet. Tib. 42. he was called Hospes oblatus, Plin, Prof, and the entertainment, Subita condictaque coenula, Suet, Claud, 21. An entertainment given to a person newly returned from abroad, was called Cozna Adventitia vel -toria, Suet. Vit. 13. vel Viatica; Plaut, Bacch. i. 1.61. by patrons to their clients, Cozna Recta, op- posed to Sportula, Martial, viii. 50. by a person, when he entered on an office, Coena aditialis vel adjicialis, Suet. Claud, 9. Se- nec, Ep, 95. 123. Clients used to wait on their patrons at their houses early in the morning, to pay their respects to them, (salutare,) Martial, ii. 18. 3. iii. 36. iv. 8. Juvenal, i. 128. v. 19. and sometimes to attend them through the day wherever they went, dressed in a white toga, Id. vii. 142. Martial, i. 56. 13. hence called Anteambulones, Id. iii. 7. Nivei Quirites ; and from their number, Turba togata, et Pr^ecedentia longi agminis officia, Juv, u 96. viii. 49. x. 44. On which account, on solemn occasions they were invited to supper, Juv. v. 24. Suet. Claud. 21. and plentifully entertained in the hall. This was called COENA RECTA, i. e. justa et solemnis adeoque lauta et opipara, a formal, plentiful supper; hence convivari recta sc. cozna, Suet. Aug. 74. recti et dapsili, i. e. abundanter, to keep a good table, Id. Vesp. 1 9. So Vivere recti, vel cum recto apparatu, Senec. Epist. 110. 122. But upon the increase of luxury, it became customary under the emperors, instead of a supper, to give each, at least of the poorer clients, a certain portion or dole of meat to carry home in a pannier or small basket, (SPORTULA ;) which likewise bei:.g frund incon- venient, money was given in place of it, called also Sportula, to ROMAN ENTERTAINMENTS, &c. 379 the amount generally of 1.00 quadrantes, or 25 asses, i. e. about Is, Id. sterling each, Juvenal, i. 95. 120. Martial, i. 60. iii. 7. xi. 75. sometimes to persons of rank, to women as well as men, Ibid, This word is put likewise for the hire given by orators to those whom they employed to applaud them while they were pleading, Plin. Ep. ii. 14. SPORTUL/E, or pecuniary donations instead of suppers, were established by Nero, Suet.Ner, 16. but abolished by Domitian, and the custom of formal suppers restored, Suet, Domit, 7. The ordinary drink of the Romans at feasts was wine, which they mixed with water, and sometimes with aromatics or spices, Juvenal, vi. 302. They used water either cold or hot, Id, v. 63. Martial, viii. 67. 7. i. 12. xiv. 105. Plaut, Cure. ii. 3. 13. et Mil, iii. 2. 22. A place where wine was sold (taberna vinaria) was called CENO- POLIUM; where mulled wines and hot drinks were sold, ThermO- polium, Plaut. Ibid, et Rud. ii. 6. 43. Pseud, ii. 4. 52. Wine anciently was very rare. It was used chiefly in the worship of gods. Young men below thirty, and women all their lifetime, were forbidden to drink it, unless at sacrifices, Val. Max. ii. 1. 5. vi. 3. Gell, x. 23. Plin. xiv. 1 3. whence, according to some, the custom of saluting female relations, that it might be known whether they had drunk wine, Ibid. & Plutarch. Q. Rom. 6. But afterwards, when wine became more plentiful, these restrictions were removed; which Ovid hints was the case in the time of Tarquin the Proud, Fast. ii. 740. Vineyards came to be so much cultivated, that it appeared agri- culture was thereby neglected ; on which account, Domitian, by an edict, prohibited any new vineyards to be planted in Italy, and or- dered at least the one half to be cut down in the provinces, Suet. Dom. 7. But this edict was soon after abrogated, ib, 14. The Romans reared their vines by fastening them to certain trees, as the poplar and the elm; whence these trees were said to be mar- ried (maritari) to the vines, Horat, Epod. ii. 10. and the vines to them, (due i ad arbor es vi duas, i. e. vitibus tanquam uxoribus per civi- I'm bella privatas, Id. Od. iv. 5. 30.) and the plane tree, to which they were not joined, is elegantly called Calebs, Id. ii. 15. 4. Wine was made anciently much in the same manner as it is now. The grapes were picked (decerpebantur) in baskets, (quali, quasilli y jisci, fiscincB vel jiscellae,) made of osier, and stamped, (calcabantur.) The juice was squeezed out by a machine called TORCULUM, -ar, -are, vel -arium. or PRELUM, a press: Torcular was properlv the whole machine, and prelum, the beam which pressed the grapes, (trabs qua uva premitur.) Serv. in Virg. G. ii. 242. Vitruv. vi. 9. The juice was made to pass (transmittebatur) through a strainer, (Saccus vel Colum.) Martial, xii. 61. 3. xiv. 104. and received into a large vault or tub, (LACUS,) Ovid. Fast. iv. 888. Plin. Epist, ix. 20. or put into a large cask, Dolium, (Cupa vel Seria,) made of wood or potter's earth, until the fermentation was over, (donee deferbucrit ; hence Vinum doliare, Plaut, Pseud, ii. 2. 64. The liquor which came out without pressing, was called Protropum, or mustum lixivia um. Plin. xiv. 9. Columel. lxii. 41. 380 ROMAN ANTIQUITIES. The must or new wine (MUSTUM) was refined, (defcecabatur,) by mixing it with the yolks of pigeons' eggs, Horat. Sat. ii. 4. 56. the white of eggs is now used for that purpose. Then it was poured (diffusum) into smaller vessels or casks, (amphorm vel cadi,) made usually of earth ; hence called Testje, Horat. Od. iii. 21. 4. cover- ed over with pitch or chalk, (oblitce vel picatm et gypsatx,) and bung- ed or stopped up, (obturata? ;) hence relinere vel delinere dolium, vel cadum, to open, to pierce, Terent. Heaut. iii. 1. 51. Wine was also kept in leathern bags, (utres,) Plin. xxviii. 18. From new wine, a book not ripe for publication is called musteus liber, by Pliny, Ep. viii. 21. On each cask was marked the name of the consuls, or the year when it was made, Horat. Od. i. 20. iii. 8. 12. & 28. 8. Ep. i. 5. 4. hence, Nunc mini fumosos veteris proferte Falernos, Considis, (sc. cados,) Tibull. ii. 1. 27. and the oldest was always put farthest back in the cellar ; hence Interiore nola Falerni, with a cup of old Faler- nian wine, Horat. Od. ii. 3. 8. When a cask was emptied, it was inclined to one side, and the wine poured out. The Romans did not use a siphon or spigget, as we do ; hence vertere cadum, to pierce, to empty, Id. iii. 29. 2. Invertwit AUphmis (sc. poculis) vinaria tota, (sc. vasa, i. e. cados v. lagenas,) turn over whole casks into large cups made at Allifae, a town in Sam- nium, Id. Sat. ii. 8. 39. Sometimes wine was ripened, by being placed in the smoke above a fire, Id. Od. iii. 8. 11. Plin. xiv. 1. s. 3. Martial, iii. 81. x. 36. or in an upper part of the house, (in horreo vel apotheca editiore ;) whence it was said descendere, Horat. Od. iii. 21. 7. Often it was kept to a great age, Id. Od. iii. 14. 18. Cic. Brut. 286. Juvenal, v. 30. Pers. iv. 29. Veil. ii. 1. Wine made in the consulship of Opi- mius, A. U. 633. was to be met with in the time of Pliny, near 200 years after, (in speciem asperi mellis redactum,) Plin. xiv. 4. s. 6. Martial, i. 27. 7. ii. 40. 5. In order to make wine keep, they used to boil (decoquere, Virg. G. i. 295.) the must down to one half, when it was called defrutum; to one third, Sapa, Plin. xiv. 9. s. 11. and to give it a flavour, (ut odor vino contingeret, et saporis qucedam acumina.) they mixed it with pitch and certain herbs : when they were said condire, medicari vel concinnare vinum, Plin. xiv. 20. s. 25. Columell. xii. 19. 20. 21. Cato de Re Rust. 1 14. & 1 15. Wines were distinguished chiefly from the places where they were produced ; in Italy, the most remarkable were Vinum Falernum, Massicum, Calcnum, Ccecubum, Albdnum, Sentinum, Surrentinum, &c. Plin. 23. 1. s. 20. Foreign wines, Chium, Lesbium, Leucadium. Coum, Rhodium, Naxium, Mamertinum, Thasium, Mceonium vel Ly~ dium, Mareoticum, &c. Plin. xiv. 6. s. 8. &c. Also from its colour or age, Vinum album, nigrum, rubrum, &c. lb. 9. s. 11.12. Vetus, novum, recens, hornum, of the present year's growth; irimum, three years old ; molle, lene, vetustate. edeniulum, mellow ; asperum vel austerum, harsh; merum vel meracum, pure, unmixed; meracius, i.e. fortius, strong, Cic. Nat. D. iii. 31. The Romans set down the wine on the table (alteris mensis), with ROMAN ENTERTAINMENTS, fcc. BI the dessert, (cum bellariis.) and before they began drinking, poured out libations to the gods, Virg. JEn. i. 730. viii. 278. 283. G. ii. 101 . This by a decree of the senate was done also in honour of Au- gustus after the battle of Actium, Dio. Ii. 19. Horat. Od. iv. 5. 31. The wine was brought in to the guests in earthen vases (AMPHO- RAE, vel Testce), with handles, (ansatce.) hence called diot^:, Ho- rat, i. 9. 8. or in big-bellied jugs or bottles (Ampulla) of glass, (vi- trece,) leather, (coriacece,) or earth, (Jiglmce.) Phn. Epist, iv. 30. Suet. Domit. 21. Martial, vi. 35. 3. xiv. 110. on each of which were affixed labels or small slips of parchments, (Tituli vel Pit- tacia, i. e. schedulm e membrana excises, vel tabellos,) giving a short description of the quality and age of the wine ; thus, Falernum, opi- auanum annorum CENTUM, Petron. 34. Juvenal, v. 34. Sometimes different kinds of wine and of fruit were set before the guests accord- ing to their different rank, Plin. Ep. ii. 6. Martial, iii. 82. iv. 86. vi. 11. 49. Suet. Cats. 48. Spartian. Adrian. 17. Juvenal, v. 70. whence Vinum dominicum, the wine drunk by the master of the house, Petron. 31. and carnare civiliter, to be on a level with one's guest, Juvenal, v. 112. The wine was mixed (miscebatur vel temperabatur) with water in a large vase or bowl, called CRATER, v. -era, whence it was pour- ed into cups, (Pocula,) Ovid. Fast. v. 522. Cups were called by different names ; Calices. phidlce, pateroe, can- thdri, carchesia, cibona, scyphi, cymbia, scaphia* batidlce, cululli, amystides, &c. and made of various materials ; of wood, as beech, faglna, sc. poculu, Virg. Eel. iii. 37. of earth, fictilia. of glass, Vi- trea, Martial, i. 38. Juvenal, ii. 95. which when broken used to be exchanged for brimstone-matches, (sulphurata ramenta,) Martial. i. 42. 4. x. 3. Juvenal, v. 49. of amber, succina, Id. ix. 50. of brass, silver, and gold, sometimes beautifully engraved; hence called TOREUMATA, i. e. vasa sculpta vel ccelata, Cic. Verr. iv. 18. ii. 52. Pis. 27. or adorned with figures (signa vel sigilla) affixed to them, called CRUST.E or EMBLEMATA, Cic. Verr. iv. 23. Ju- venal, i. 76. Martial, viii. 51. 9. which might be put on and taken off at pleasure, (exemptilia,) Cic. ibid. 22. & 24. or with gems, sometimes taken off the fingers for that purpose, Juvenal. 5. 41. hence called CALICES GEMMATI vel aurum gemmatum, Mar- tial, xiv. 109. Cups were also made of precious stones, Virg. G. ii. 506. of crys- tal, Senec. de Ira. iii. 40. of amethyst and rnurra or porcelain, (po- cula murrma), Martial, ix. 60. 13. x. 49. Plin. xxxiii. 1. xxxvii. 2. &c. Cups were of various forms; some had handles (Axs^e vel nasi). Virg. Ecl.wu 17. Juvenal. \. 47. usually twisted, (TORTILES,) Qvid. Ep. xvi. 252. hence called Calices Pterati, i. e. alati vel ansati, Plin. xxxvi. 26. Some had none. There were slaves, usually beautiful boys, (pueri eximid facie Gel), xv. 12.) who waited to mix the wine with water, and serve it up ; for which purpose they used a small goblet, called CYATHUS. to measure it. Plant. Pers. v. 2. 16. containing the twelfth part of 382 ROMAN ANTIQUITIES. a sextarius, nearly a quart English ; Hence the cups were named from the parts of the Roman AS, according to the number of cya- thi which they contained ; thus, sextans, a cup which contained two cyathij Trikns vel Triental, three; Quadrans, four, &c. Suet, Aug. 77. Martial, viii. 51. 24. ix. 95. xi. 37. Pers. iii. 100. and those who served with wine, were said Ad cyathos stare, Suet. Jul. 49. ad cyathum statui, Hor. Od. i. 26. 8. or Cyathis- sari, Plaut. Mn. ii. 2, 29. They used also a less measure for filling wine and other liquors, called Ligula or Lingula, and Cochleare, vel -ar, a spoon, the fourth part of a cyathus, Martial, v. 20. viii. 33. 23. xiv. 121. The wine was sometimes cooled with snow, by means of a strainer, Colum nivarium. Martial, xiv. 103. vel Saccus nivarius, Id. 104. or by pouring snow-water upon it. Id. v. 65. 417. xiv. 1 17. Senec. Ep. 79. Plin. xix. 4. s. 19. The Romans used to drink to the health of one another; thus, Bene mihi, Bene vobis, &c. Plaut. Pers. v. 1. 20. sometimes in honour of a friend or mistress, Ibid. 4> Horat. Od. i. 27. 9. and used to take as many cyathi, as there were letters in the name, TibulL ii. 1. 31. Martial, i. 72. or as they wished years to them; hence they were said, Ad numerum bibere, Ovid. Fast. iii. 531. A fre- quent number was three, in honour of the Graces ; or nine, of the Muses, Horat. Od. iii. 19. 11. Auson. FAdyll. xi. 1. The Greeks drank first in honour of the gods, and then of their friends ; hence Gr^eco more bibere, Cic. Ver. i. 26. et ibi Ascon. They began with small cups and ended with larger, Ibid. They used to name the person to whom they handed the cup ; thus, Propino tibi, &c. Cic. Tusc. i. 40. Plaut. Stick, v. 4. 26. & 30. Ter. Eun. v. 9. 57. Virg. JEn. i. 728. Martial, i. 69. vi. 44. Juvenal, v. 127. A skeleton was sometimes introduced at feasts in the time of drinking ; or the representation of one, (larva argentea,) Petron. 34. in imitation of the Egyptians, Herodot. ii. 78. s. 74. Plutarch, in, conviv. Sapient. 6. upon which the master of the feast, looking at it, used to say, Vivamus, dum licet esse bene, Petron. ib. rim rs x.cct Tf^w-fv, sa-Tecct ydg ctTroQccv&'v to.ovto^ Drink and be merry, for thus shalt thou be after death, Herodot. ibid. The ancients sometimes crowned their cups with flowers, Virg. JEn. iii. 525. Tibull. ii. 5. 98. But coronare cratera vel vina, i. e. pocula, signifies also to Jill with wine, Virg. G. ii. 528. iEn. i. 724. vii. 147. The ancients at their feasts appointed a person to preside by throwing the dice, whom they called ARBITER BIBENDI, Ma~ gister vel Rex convivii, modiperafor vel modimperator, (lus, Lamprid. in vita ejus, 21. There was a game of chance, (which is still common in Italy, chiefly, however, among the vulgar, called the game of Morra,) play- ed between two persons, by suddenly raising or compressing the fingers, and at the same instant guessing each at the number of the other; when doing thus, they were said Micare digitis, Cic. divin. ii. 41. Off. iii. 23. Suet. Aug. 13. As the number of fingers stretch- ed out could not be known in the dark, unless those who played had implicit confidence in one another; hence, in praising the virtue and fidelity of a man, he was said to be Dignus quicum in tenebris mices, Cic. Off. iii. 19. Fin. ii. 16. s. 52. The Romans ended their repasts in the same manner they began them, by libations and prayers, Ovid. Fast. ii. 653. The guests drank to the health of their host, and, under the Caesars, to that of the emperor, Ibid, et Petron. 60. When about to go away, they sometimes demanded a parting cup, in honour of Mercury, that he might grant them a sound sleep. Martial. Delphin. i. 72. The master of the house, (herus, do minus, parochus, cozna magis- ter, convivator, Horat. Sat. ii. 8. 35. Martial, xii. 48. Gell. xiii. 11.) used to give the guests certain presents at their departure, called Apophorta, Suet. Aug. 75. Gal. 55. Vesp. 19. Martial, xiv. 1. Pe- tron. 60. or XENIA, which were sometimes sent to them, Plin, Epist. vi. 31. Vitruv. vi. 10. Martial, xiii. 3. Xenium is also put for a present sent from the provinces to an advocate at Rome, Plin. Ep. v. 14. or given to the governor of a province, Digest, RITES OF MARRIAGE, 385 The presents given to guests being of different kinds, vscre some- times distributed by lot, Martial, xiv. 1. 5. — 40. 144. 170. or by some ingenious contrivance, Petron. 41. III. ROMAN RITES of MARRIAGE. A legal marriage* (jus tarn matrimonium) among the Romans was made in three different ways, called usus, confarreatio, and co- emptio, * lathe state of New- York, there is no form of marriage prescribed by law. This seems to be a defect in our legal code. The validity of the marriage is a subject to be determined by the jury, as a matter of fact. Cohabitation, acknowledgment of a woman to be one's wife, authorizing persons to accredit her as such, &c. may be adduced as proofs of marriage — connexion to be decided on by the Jury. But, under a charge of bigamy, in order to conviction, an actual previous marriage must be proved. The first inhabitants of Greece lived together without marriage. Earops, king of Athens, is said to have been the first author of this honourable institution among that people. After the Grecian Commonwealths were settled, marriage was very much encouraged by their laws, (as it was among the Romans, though without much effect) and celibacy discountenanced, and in some places punished. The Athenianshvui an express law, that commanders, orators, and persons intrusted with public affairs, should be married men. Polygamy was not commonly tolerated in Greece. The time of marriage was different in different States. The Spartans were not permitted to marry till they arrived at their full strength, and the Athenian laws are said to have directed that men should not marry till they were 35 years of age. The sea- son of the year, which they preferred for that purpose, was the winter, and especial- ly the month of January, hence called \a.(*zx.itv. Incestuous mixtures, though prac- tised among the barbarous nations, were reckoned scandalous among the Greeks; though among them, as originally among the Hebrews, it seems to have been lawful to marry a half-sister, as appears manifest in the case of Miltiadcs and Abraham, Most of the Grecian states required their citizens to match only with citizens. The usual ceremony, in promising fidelity among the Greeks, was kissing each other, or giving their right hands, which was a general form of ratifying all agreements. Be- fore the marriage was solemnized, the gods were to be consulted, and their aid im- plored by prayers and sacrifices, by the parents, or nearest relations. In Germany they have a kind of marriage called Jaarganatio, wherein a man of quality contracting with a woman of inferior rank, gives her the left hand in lieu of the right ; and stipulates in the contract, that the wife shall continue in her former rank; and that the children shall be of the same, so that they become bastards as to matters of inheritance, though they are legitimate in effect. They cannot bear the name or arms of the family. None but Princes and great Lords of Germany are al- lowed this kind of marriage ; but the universities of Leipsic and Jena have declared against the validity of such contracts. The Turks have three kinds of marriages, and three sorts of wives ; legitimate, v:ives in Kebin, and slaves. They marry the first, hire the second, and buy the third. Among the savage nations in Asia, Africa or America, the wife is commonly bought by the husband, from her father, or relations having authority over her. The conclu- sion of a bargain for this purpose, together with the payment of the price, has there- fore become the usual form or solemnity in the celebration of their marriages. The Hebrews also purchased their wives, by paying down a competent dowry for them ; and Aristotle makes the purchase of their wives among the ancient Grecians, an argument to prove them an uncivilized people. By our law, all persons may marry, but such as are prohibited by the law of God. The legal disabilities are, therefore, 1 Too near relationship by consanguinity, or af- fiuity. 2. Pre-contract, or another husband or wife living. 3 Want of age sufficient to, contract matrimony; thus: if a boy under 14, or girl under 12, marries, when cither comes to the age of consent, they may disagree, and declare the marrage void. 4. Bodily infirmity or incapacity at' performing the duties of marriage. See Encych Drift. Article Mat < ■■:< 49 386 ROMAN ANTIQUIT1L 1. USUS, usage or prescription, was when a woman, with the consent of her parents or guardians, lived with a man for a whole year, (matrimonii causa,) without being absent three nights: and thus became his lawful wife or property by prescription, (usu capta fuit,) Gell. iii. 2. If absent for three nights, {trinoclivm,) she was said esse usurpata or isse usurpatum sc. suumjus, to have interrupted the prescription, and thus prevented a marriage, Usurpatio est enim usucapionis interruption Gell. iii. 2. D. 41. 3. 2. See p. 56. 2. CONFARREATIO was, when a man and woman were joined in marriage by the Pontifex Maximus, or Flamen Dialis, in presence of at least ten witnesses, by a set form of words, and by tasting a cake made of salt, water, and flour, called FAR, or Panis Farreus, vel Farreum libum ; which was offered with a sheep in sacrifice to the gods, Dionys.ii.25. Serv. adVirg. G. i. 31. JEn. iv. 104. Plin. xviii. 2. This was the most solemn form of marriage, and could only be dissolved by another kind of sacrifice, called DJFFARREATIO, Festus. By it, a woman was said to come into the possession or power of her husband, by the sacred laws, (k*tx vow 7«/>*s *»$& ™t>>- in*, in manum, i. e. potestatem viri convenire.) She thus became partner of all his substance and sacred rites ; those of the Penates as well as of the Lares, (See p. 243.) If he died intestate, and without children, she inherited his whole fortune as a daughter. If he left chil- dren, she had an equal share with them. If she committed any fault, the husband judged of it in company with her relations, and punished her at pleasure, Dionys. ii. 25. Plin. xiv. 13. Suet. Tib. 35. Tacit. Ann. xiii. 32. The punishment of women publicly condemned, was "sometimes also left to their relations, Liv. xxxix. 18. Val. Max. \u o'. L> The children of this kind of marriage were called PATRIMI et MATRIMI, Serv. ibid, often employed for particular purposes in sacred solemnities, Liv. xxxvii. 3. Cic. Resp. Ear. 11. Tacit. Hist. iv. 53. Certain priests were chosen only from among them ; as the Flamen of Jupiter, Tacit. Annal. iv. 16. and the Vestal Virgins, Gell. i. 12. According to Festus, those were so called whose parents were both alive: if only the father was alive, Patrimi, vel -es ; if only the mother, matrimi, vel -es. Hence Minerva is called Patri- ji a virgo, Catull. i. 9. because she had no mother; and a man who had children, while his own father was alive, Pater fatrimus, This ceremony of marriage in later times fell much into disuse, Tacit. Annal. iv. 16. Hence Cicero mentions only two kinds oi marriage, Usus and coemftio, pro Flacc. 34. 3. COEMPTIO was a kind of mutual purchase, (emptio, vendi- tion) when a man and woman were married, by delivering {o one an- other a small piece of money, and repeating certain words, Cic. Orat. i. 57. The man asked the woman, if she was willing to be the mis- tress of his family, An sibi mater familias esse vellet? She an- swered, that she was, se velle. In the same manner, the woman asked the man, and he made a similar answer, Boeth. in Ck. Topic. 3. RITES OF MARK1AUE. 387 The effects of this rite were the same as of the former. The wo- man was to the husband in the place of a daughter, and he to her as a father, Serv. in Virg. G, 1. 31 . She assumed his name, together with her own; 3iS,Antonia Drusi, Domitia Bibuli, ^c. — She resigned to him all her goods, Ter, Andr. i. 5. 61. Cic, Top, iv. and acknow- ledged him as her lord and master, (Dominus,) Virg, JEn, iv. 103. 214. The goods which a woman brought to her husband, besides her portion, were called PARAPHERNA, -orum, or bona parapher- nalia. In the first days of the republic, dowries were very small ; that given by the senate to the daughter of Scipio was only 11,000 asses of brass, 35l. 10s. 5d, sterling; and one Meguillia was surnamed Dotata,- or the great fortune, because she had 50,000 asses, i.e. 161/. 75. 6d, sterling; Val. Max, iv. 4. 10. But afterwards, upon the increase of wealth, the marriage-portions of women became greater, Decies centena, sc. sestertia, 8072/. IBs. Ad, sterling; Mar- tial, ii. 65, 5, xi. 24. 3. Juvenal, vi. 136. the usual portion of a lady of Senatorian rank, Juvenal, x. 355, Some had ducenties, 161,458/. 6f« Sd. sterling; Martial, v. 38. 34. Sometimes the wife reserved to herself (recepit, Cic. Orat. ii. 55. Topic. 26. vel excepit, i. e. in usum suum reservavit) a part of the dowry: hence called Dos recepticia, DIGEST, and a slave, who was not subject to the power of her husband, Servus recepticius, Gell. xvii. 6. or dotalis, Plant. Asin. i. 1. 72. Some think that cozmptio was used as an accessory rite to confar- reatio, and retained wjien the primary rite was dropt; from Cic* Flacc. 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, Xenoph. Anab, vii. Herodoi. Terpsich, init, the Greeks, Euripid. Med, 232. the Germans, Tacit. deMor, G. 18. &c. the Cantabri in Spain, Strab, iii. 165. So in the days of Homer, Odyss. viii. 317. to which Virgil alludes, G, i. 31. Some say, that a yoke {jugura) used anciently to be put on a man and woman about to be married ; whence they were called conjuges, Serv, in Virg. JEn. iv. 16. But others think this expres- sion merely metaphorical; as, Horat. Od, ii. 5. Plant, Cure, i. 1. 50. A matrimonial union betwixt slaves was called CONTUBER- NIUM ; the slaves themselves Contubernales, (see p. 50.) or when a free man lived with a woman not married, (Concubinatus,) Suet. Vesp, 3. in which case, the woman was called Concubina, Cic, de Orat. i. 40. Pellaca, Suet, Vesp. 21. or Pellex, quce proprie fuit ejus, qui uxorem kaberet, Festus. Plaut. Rud. v. 4. 3. Gell. iv. 3. thus, Pellex regin*:, Suet. Cces. 49. Fili/e, Cic. Cluent. 70. Juvenal, ii. 57. Sororis, Ovid. Met. vi. 537. Epist. 9. 132. Jovis, i. e. lo, lb. xiv. 95. et alibi passim. Married women were called Matron je, or matrcs familias, Gell. xviii. 6. opposed to meretrices, prostitutce, scorta* &zc. There could be no just or legal marriage (NUPTLE) jus turn matrimonium, connubium, c&njugium, vel consortium, i. e. eadem for- txma aut conditio, (for better, for worse,) unless between Roman citi- 3.88 ROMAN ANTIQU1T1I zens ; Non erat cum externo connubium, Senec. Ben. iv. without a particular permission for that purpose, obtained first from the people or senate, and afterwards from the emperors, Liv. xxxviii. 36. Ulpian. Frugm. v. 4. Conjuge barbara turpis maritus visit, Horat. Od. iii. 5. 5. Anciently, a Roman citizen was not allowed even to marry a freed-woman, Liv. xxxix. 19. hence Antony is re- proached by Cicero for having married Fulvia, the daughter of a freed-man, Plin. ii. 2. iii. 6. as he afterwards was detested at Rome for marrying Cleopatra, a foreigner, before he divorced Octavia; but this was not esteemed a legal marriage, Plutarch, in Anton. By the Lex Papia Popp^a, a greater freedom was allowed. On- ly senators and their sons and grandsons were forbidden to marry a freed-woman, an actress, or the daughter of an actor, Dio. liv. 16. But it was not till Caracalla had granted the right of citizenship to the inhabitants of the whole empire, that Romans were permitted freely to intermarry with foreigners. The Romans sometimes prohibited intermarriages between neigh- bouring districts of the same country, Liv. viii. 14. ix. 43. xlv. 29. and what is still more surprising, the states of Italy were not allowed to speak the Latin language in public, nor their criers to use it in auctions, without permission, Liv. xl. 42. The children of a Roman citizen, whether man or woman, and a foreigner, were accounted spurious, and their condition little better than that of slaves, Liv. xliii. 3. They were called HYBRIDjE or Ibrtdte, vel -des. Horat. Sat. i. 7. 2. Suet. Aug. 19. the general name of animals of a mixed breed, or produced by animals of a dif- ferent species, mongrels, (animalia ambigena, vel bigenera, musimu- nes, Umbri, &c.) as a mule, from an horse and an ass ; a dog from a' hound and a cur, (canis ex venatico et gregario,) Plin. viii. 5. hence applied to those sprung from parents of different nations, Hirt. de Bell. Afr. 19. Martial, vi. 39. viii. 22. and to words compounded from different languages. The children of a lawful marriage were called LEGITIMI; all others illegitimi. Of the latter, there were four kinds : Natura- les, ex concubina; Spurii, ex meretrice vel scorto et incerto patrc; Plutarch. Q. Rom. 101. Adulterini et incestuosi. There were certain degrees of consanguinity, within which marriage was prohi- bited, as between a brother and sister; an uncle and niece, &c. Such connexion was called INCESTUS, -us, vel -um, Suet. CI. 26. Ker. 5. Tacit. Ann. xii. 4. 5. & 8. or with a Vestal Virgin, Suet. Domit. 8. These degrees were more or less extended, or contract- ed, at different times, Plutarch. Qucest. Rom. 6. Tacit. Ann. xii. 6. 7. Liv. i. 42. & 46. xlii. 34. Suet. Aug. 63. Claud. 26. Polygamy, or a plurality of wives, was forbidden among the Ro- mans, Suet. Jul. 52. Cic. de Orat. i. 40. The age of puberty or marriage,* was from fourteen from men, and twelve for girls, Festus. A custom prevailed of espousing infants, to avoid the penalties oC * Sec next note following. RITES OF MARRIAGE, 398 the law against bachelors : but Augustus ordained, that no nuptial engagement should be valid, which was made more than two years before the celebration of the marriage; that is, below ten, Dio. liv. 16. Ivi. 7. Suet. Aug. 34. This, however, was not always observed, /. 17. Digest, xxiii. lit. i. de Spousal. No young man or woman was allowed to marry without the con- sent of the parents or guardians, Cic. Flacc. 35. Hence a father was said spondere, vel despondere Jiliam aut Jilium, Cic. Att. i. 3. Ter. And. i. 1. 75. Tacit. Agric. 9. adding these words, Qile res RECTE VERTAT I Or DlJ BENE VERTANT, Plant. Aul. ii. 2. 41. & 49. ii. 3. 4. There was a meeting of friends, usually at the house of the wo- man's father, or nearest relation, to settle the articles of the marriage contract, which was written on tables (legitimoz tabellce,) and sealed, Juvenal, ii. 119. vi. 25. & 199. x. 336. This contract was called SPONSALIA, -orum, vel -ium, espousals ; the man who was betroth- ed or affianced, SPONSUS, and the woman SPONSA, Gtll. iv. 4. Suet. Aug. 53. CI. 12. or PACTA, Plant. Pom. v. 3. 38. Trin. ii. 4. 99. as before, SPERATA, Id. Amphit. ii. 2. 44. and SPERA- TUS, Ovid. Ep. xi. prope finem. The contract was made in the form of a stipulation, An spondes? Spondeo. Then likewise the dowry was promised, Plaut. Trin. v. 2. 34. Terent. And. v. 4. 47. to be paid down on the marriage day, Suet. CI. 26. Juvenal, x. 335. or afterwards, usually at three separate payments, (tribus pensioni- bus^) Cic. Att. xi. 4. 23. #• ult. On this occasion, there was com- monly a feast ; and the man gave the woman a ring, (annulus pronu- bus.) by way of pledge, Juvenal, vi. 27. which she put on her left hand, on the finger next the least; because it was believed, a nerve reached from thence to the heart, Macrob. Sat. vii. 15. Then also a day was fixed for the marriage, Ter. And. i. 1. 75. Certain days were reckoned unfortunate ; as the Kalends, Nones, and Ides, and the days which followed them, particularly the whole month of May, Mense malum majo nubere vulgus ait, Ovid. Fast. v. 490. Plutarch. Q. Rom. 85. and those days which were called Atri, marked in the kalendar with black ; also certain festivals, as that of the Salii, Parentalia. fyc. Macrob. Sat. i. 15.. But widows might marry on those days, Ibid. Pint, 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 retract, (spon- salia dissolvere, infirmare, vel infringere,) which they expressed thus, Conditione tua non utor, it was 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 notice that they wished to break off the match, they were said, Re- pudium ei vel amicis ejus mittere, rcmittere, vel rcnunciarc, Ter. Phorm. iv. 3. 72. v. 6. 35. Plaut. Aid. iv. 10. 69. But Rrpudiarc also signifies, to divorce either a wile, Suet. Cn the wedding-day, the bride was dressed in a long white robe ;390 ROMAN ANTIQUITIES bordered with a purple fringe, or embroidered ribands, (segmenta tt longi habitus, Juvenal, ii. 124.) thought to be the same with tunica recta, Plin. viii. 48. bound with a girdle, Lucan. ii. 362. made of wool, (ZONA vel cingulum laneum,) tied in a knot, called nodos Herculeus, which the husband untied (solvebat), Ovid. Ep. ii. 116. Festus. Her face was covered (NUBEBATUR) with a red or flame-coloured veil, (luteum FLAMMEUM,) vel -us, to denote her modesty, Lucan. ii. 361. Juvenal, ii. 124. vi. 224. et Scol. in loc, x. 334. Martial, xii. 42. Plin. xxi. 8. hence Nubere, sc. se viro, to marry a husband : dare, vel collocare filiam nuptum v. nuptui, i. e. in matrimonium dare, to marry a daughter, or dispose of her in mar- riage. Her hair was divided into six locks with the point of a spear, Plut, in Romul. et Qucest. 86. vel 87. Ovid. Fast. ii. 560. and crown- ed with flowers, Catul. lix. 6. Her shoes were of the same colour with her veil, (lutei socci,) Catul. lix. 10. Piaut. Cas. prol. 89. Cic. Cluent. 5. Divin. i. 16. Liv. xiii. 12. Suet. CI. 26. Tacit. Ann. xi. 21. Val. Max. ix. 1. No marriage was celebrated without consulting the auspices, Juv. x. 336. Cic. Div. i. 16. Cluent. 5. & 16. Plaut. Cas. prol. 86. Suet. Claud. 26. Tacit. Ann. xi. 27. Lucan. ii. 371. and offering sacrifices to the gods, especially to Juno, the goddess of marriage, Virg. JEn. iv. 59. Anciently, a hog was sacrificed, Varro R. R. ii. 4. The gall of the victim was always taken out, and thrown away, to signify the removal of all bitterness from marriage, Plutarch, prcecep. conjug. The marriage-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 (abripiebatur) from the arms of her mother or nearest relation, 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, (Tceda pinea vel spinea,) Festus ; Catull. lix. 15, Plin. xvi. 18. Propert. iv. 12. 46. There were five other torches carried before her, (called Faces Nuptiales, Cic. Cluent. 6. Ma- kitje, Ovid. Ep. xi. 101. Legitime, Lucan. ii. 356.) Plutarch. Q, Rom. 2. Hence T/eda is put for marriage, Virg, JEn. iv. 18. Ovid. Met. iv. 60. Maid-servants, followed with a distaff, a spindle and wool ; (colus compta, ctfusus cum stamine,) intimating, that she was to labour at spinning, as the Roman matrons did of old, Plin. viii. 48. s. 74. Ovid. Fast. ii. 741. Liv. i. 57. and as some of the most illustrious did in later times. Augustus is said to have seldom worn any thing but the manufacture of his wife, sister, daughter, and nieces, at least for his domestic robes, Suet. Aug. 73. A boy, named CAMILLUS, carried in a covered vase, called Cc- merum, vel -a, the bride's utensils, (nubentis utensilia) Festus; and playthings for children, (Crepundia,) Plaut. Cist. iii. 1. 5, Rud. iv. 4. 110. A great number of relations and friends attended the nuptial pro- cession, (pompani nuptial em ducebant,) which was called OFFJ- KITES OF MARRIAGE. 39 i CIUM, Juvenal, ii. 132. vi. 202. Suet. Cat. 25. Claud. 26. Mr. 28. Hence DUCERE uxorem, sc. domum, to marry a wife. The boys repeated jests and railleries (sales et convicia) as she passed along, Lucan. ii. 369. Festus, CatulL lix. 127. The door and door posts of the bridegroom's house were adorned with leaves and flowers, and the rooms with tapestry, Juvenal, vi. 51. 79. &226. When the bride came thither, being asked who she was, she an- swered, Ubi tu Caius, ibi ego Caia, i. e. Ubi tu Doininus et pater familias, ibi ego Domina et mater familias. A new married woman "was called CAf A, from Caia Cacilia or Tanaquil, the wife of Tar- quinius Priscus, who is said to have been an excellent spinster (la- nifica) and house-wife, Cic. Mur. 12. Quinctil. i. 7. Festus. Her distaff and spindle were kept in the temple of Sangus or Hercules, Plin. viii. 48. s. 74. The bride bound the door-posts of her husband with woollen fil- lets, Plin. xxix. 2. s. 9. Lucan. ii. 355. Se?°v. in Virg. JEn. iv. 458. and anointed (ungebat) them with the fat of swine or wolves, to avert fascination or enchantments ; whence she was called UXOR, quasi Unxor, Serv. ibid. Plin. xxviii. 9. s. 37. She was lifted over the threshold, Lucan. ibid. Plutarch, in Ro~ mul, et qucest. Rom. 29. or gently stepped over it, Plaut. Cas. iv. 4. 1 . It was thought ominous to touch it with her feet, because the threshold was sacred to Vesta, the goddess of virgins, Serv. in Virg. Eel. viii. 29. Upon her entry, the keys of the house were delivered to her, to denote her being intrusted with the management of the family, Fes- tus. A sheep's skin was spread below her ; intimating, that she was to work at the spinning of wool, Plutarch, qucest. Rom. 31. Both she and her husband touched fire and water ; because all things were supposed to be produced from these two elements, Plutarch. Q. Rom. 1. Varo de L. L. iv. 10. Ovid. Fast. iv. 792. Art. Am. ii. 598. with the water they bathed their feet, Serv. in Virg. JEn. iv. 167. The husband on this occasion, gave a feast (CiENA NUPTIA- LIS) to his relations and friends, to those of the bride and her at- tendants, Plaut. Cure. v. 2. 62. Suet. Cal. 25. Juvenal, vi. 201. Musicians attended, who sang the nuptial song, (EPITHALA- MIUM,) Hymen^us vel -um, vel Thalassio, Martial, iii. 93. 25. Catull. 61. Ter. Adelph. v. 7. 7. Stat. Sylv. ii. 7. 87. They often repeated, Io Hymen Hymenae, Plaut. Cas. iv. 3. and Thalassio, Martial, i. 36. 6. from Hymenihe god of marriage among the Greeks ; and Thalassus among the Romans, ibid. Martial, xiii. 42. 5. or from one Talassius, who lived in great happiness with his wife, Festus, Liv. i. 9. as if to wish the new-married couple the like felicity, Plutarch, in Pomp, (or from r*A«, however, granted divorces by law on other grounds. In Scotland, the parties living together, as man and wife, or declaring them- selves so before witnesses, makes a valid though informal marriage. The propriety of the marriage union will appear from this circumstance, that from he registers kept, 3nd computations made by Grant* Dvhaw, Price, and other?. RITES OF MARRIAGE. 393 faith, used poison to destroy his offspring, or brought upon him sup- posititious children; if she had counterfeited his private keys, or even drunk wine without his knowledge, Plutarch* ibid. Gell. x. 23. Plin. xiv. 12. In these cases, the husband judged together with his wife's relations, Dionys. ii. 25. This law is supposed to have been copied into the twelve tables, Cic. Phil. ii. 28. Although the law allowed husbands the liberty of divorce, there was no instance of its being exercised for about 520 years. Sp. Carvelius Ruga was the first who divorced his wife, although fond of her, because she had no children, on account of the oath he had been forced to take by the censors, in common with the other citi- zens, uxorum st liberum qucerendorum gratia habiturum, that he would marry to have children, Gell, iv. 3. Val, Max, ii. 1. 4* Dio- nys. ii. 25. Afterwards divorces became very frequent ; not only for important reasons, Suet, Aug, 62. Claud, 26. Ker. 35. but often on the most frivolous pretexts, Val, Max, vi. 3. 11. & 12. Dio, 46. 18. Plutarch, in L, Paulloet Ciceron, Juvenal, vi. 147. Caesar, when he divorced Pompeia, the niece of Sylla, because Clodius had got admission to his house in the garb of a music-girl, at the celebration of the sacred rites of the Bonea Dca, Cic. Sext. 34. declared that he did not believe any thing that was said against her, but that he could not live with a wife who had once been suspected, Dio, 37. 45. Suet, Cms, 6. Cic, Att, 1. 12. If a wife was guilty of infidelity, she forfeited her dowry, 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, (cu?n bona gratia, a se invicem discedebant,) she some- times also retained the nuptial presents of her husband, Ovid, de Rem, Am, 669. In the later ages of the republic, the same liberty of divorce was exercised by the women as by the men. Some think that right was granted to them 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 appears, they did not enjoy it even in the time of Plautus ; Mercat, iv. 6. only if a man was absent for a certain time, his wife seems to have been at liberty to marry another, Plaut. Stich, i. 1. 29. Afterwards, some women deserted their husbands so frequently and with so little shame, that Seneca says, they reck- oned their years not from the number of Consuls, but of husbands, de bene/, iii. 16. So Juvenal. Fiunt octo mariti quinque per autum- nos, vi. 223. Martial, vi. 7. often without any just cause, Cic. Fam. viii. 7. But a freed-woman, if married to her patron, was not per- mitted to divorce him, (ei repudium mittere.) 1 Augustus is said to have restricted this license of bona gratia the proportion of males born, to females, is as 14 to 13 ; and that the number of males that die in infancy, considerably exceed that of the females; besides the pe- culiar disasters to which males are liable, prove an additional cause of the diminu- tion of the number of males, — See Encyl. Britt. Article Marriage,— E. 50 394 ROMAN AxNTiqUlTii: divorces, as they are called, Suet, Aug. 34. and likewise Domilian. They still however prevailed, although the women who made them were by no means respectable, Quce nubit toties, non nubit, adultera lege est, Martial, vi. 7. The man was said uzro-^g^zreiv, dimitierre uxorem; and the wpman. uzrokeiiretv, relinquere vel deserere virum; both, Facer e divortium cum uxore vel viro, a viro, vel ab uxore, Cic. Fam. viii. 7. D. 24. 3. 34. A divorce anciently was made with different ceremonies, accord- ing to the manner in which the marriage had been celebrated. A marriage contracted by confarreatio, was dissolved by a sacrifice called DIFFARREATIO, Festus ; which was still in use in the time of Plutarch, when a separation (discidium) took place betwixt the Flamen of Jupiter and his wife, (Flaminica,) Quaest. Rom. A marriage contracted by coemptio, was dissolved by a kind of release, called REMANCIPATIO, Id. In this manner, Cato is sup- posed to have voluntarily given away his wife Marcia to Hortensius, Plutarch, in Cat, and Tiberius Nero, his wife Livia to Augustus, even when big with child, Tacit. Jinn. v. 1. Dio. 48. 44. Veil. II. 94. In later times, a divorce was made with fewer ceremonies ; in pre- sence of seven witnesses, the marriage-contract was torn, (Tabula nuptiales vel dotales frangebantur,) Tacit. Ann. xi. 30. Juvenal. ix. 75. the keys were taken from the wife, (claves adimebantur,) Cic. Phil. ii. 28. then certain words were pronounced by a freed-man, or by the husband himself, Res tuas tibi habe vel -eto ; Tuas RES TIBI AGITO ; Exi, EXI OCYUS ; VADE FORAS, I FORAS, MULIER ; cede domo, Plaut. Ccesin. ii. 2. 36. Cic. de Orat. i. 40. Plant. Amph. iii. 2. 47. Ovid. Ep. xii. 134. Juv. vi. 145. Mart. x. 42. xi. 105. /. 2. & 9. D. de divort. Hence Exigere foras, vel ejicere, to divorce, Cic. Phil. ii. 28. If the husband was absent, he sent his wife a bill of divorce (nun- cium remittebat,) Cic. Att. i. 10. on which similar words were in- scribed. This was called matrimonii renunciatio. 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 payments, Cic. Att. xi. 4. 23, 25. There was sometimes an action, (actio mal.se tractationis,) to determine by whose fault the divorce was made, Cic. Top. 4. Quinc- til. vii. 3. declam. viii. 18. 383. When the divorce was made by the wife, she said, Valeas, tibi habeas tuas res, reddas meas ; Plaut. Amph. iii. 2. 47. Divorces were recorded in the public registers (acta), Cic. Fam. viii. 7. Senec. de benef. as marriages, Juvenal, ii. 136. births, Id. ix. 84. and funerals, Suet. Ner. 39. Widows were obliged to wear mourning for their husbands at least ten months, Senec. Epist. 65. and if they married within that time, they were held infamous, L. 2. C. de secund. nupt. but men were under no such restriction. M. Antoninus, the philosopher, after the death of his wife Faus- tina, lived with a concubine, (ne tot Hberis superduceret novercam,) FCNffiALS. 395 that he might not bring in a step-mother on his children. Capitolin. in vita ejus, Jin. Second marriages in women* were not esteemed honourable, and those who had been married but to one husband, or who remained in widowhood, were held in particular respect : Hence UNIVIRA is often found in ancient inscriptions, as an epithet of honour. So Uni nupta, Propert. iv. ult. Such as married a second time were not allowed to officiate at the annual sacred rites of Female Fortune, (Fortuna muliebris,) Dionys. viii. 56. Val. Max. 1. 3. 4. Serv. in Virg. iEn. iv. 19. Festus in Pudicitice signum. Among the Germans, second marriages were prohibited by law, Tacit, de Mor. Germ. 1 9. IV. ROMAN FUNERALS. The Romans paid the greatest attention to funeral-rites, because they believed that the souls of the unburied were not admitted into the abodes of the dead ; or at least wandered a hundred years along the river Styx, before they were allowed to cross it ; for which rea- son, if the bodies of their friends could not be found, they erected to them an empty tomb, (Tumulus inanis, Ksvaroc(pi&v, Cenotaphium,) at which they performed the usual solemnities, Virg. Mn. iii. 304. vi. 326. 505. Stat. Theb. xii. 162. and if they happened to see a dead body, they always threw some earth upon it, lb. 365. Horat. Od. i. 28. 23. & 36. and whoever neglected to do so, was obliged to ex- piate his crime, by sacrificing a hog to Ceres, Festus in Pr^cidanea agna : Hence no kind of death was so much dreaded as shipwreck, Ov. Trist. i. 2. 51. Hence also, Rite condere manes, to bury in due form, Plin. Ep. vii. 27. Condere animam sepulchro, Virg. iEn. iii. 68. See Plant. Most. ii. 2. 66. Suet. Cal. 59. and to want the due rites was esteemed the greatest misfortune, Ovid. Ep. x. 119. When persons were at the point of death, their nearest relation present endeavoured to catch their last breath with their mouth, (extremum spiritum ore excipere:) Cic. Ver. v. 45. Virg. iEn. 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 se- nilis) was said in primis labris esse, Senec. Ep. 30. or in ore primo teneri, Id. Here. fur. 1310. so animam agere, to be in the agony of * In the primitive church, a second marriage was accounted no other than a lawful concubinage, or a species of bigamy; and there are some ancient canons, which forbid the ecclesiastics from being present at second marriages. Marriage, by the Mosaic law, was subject to several restrictions. A man was for- bidden to marry his brother's widow, unless he died without issue; in which case, it was enjoined as a duty. So it was forbidden to marry a wife's sister, at least while the wife was living ; which was not forbidden before the law, as appears from the in- stance of Jacob. The ancient Roman law is silent on this head ; and Papinian is the first who mentions it, on occasion of the marriage of Caracalla. The subsequent law- yers stretched the bonds of affinity so far, that, they placed adoption on the same foot- ing with nature. Affinity, according to the modern Canonists, renders marriage unlawful to the 4th generation inclusive; but tins is to be understood of direct affinity ; and not flhat which is secondary or collateral. Jlffinis, mei qffinis, non est ajfinis 7neus. Enn/cL Britt. 'Article Marriage. E. 39G ROMAN ANTIQUITIES. death, Liv. xxvi. 14. Cic. Fam, viii. 13. Tusc. i. 9. Senec. Ep. 101* Animam dare, efflare, exhalare, exspirare, effundere, &c. to die. They now also pulled off 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 deceased, Virg. JEn. ix. 487. Ovid. Her. i. 102. & 1 13. ii. 120. x. 120. Lucan. iii. 740. probably to make them appear less ghastly, Suet. Ner, 49. The eyes were afterwards opened on the funeral pile, Plin. xi. 37. s. 55. When the eyes were closed, they called (inclamabant) upon the deceased 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 conclamata, just expiring, Lucan. ii. 23. 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, it was expressed by the words Conclamatum est, all is over, Ter. Eun. ii. 3. 56. The corpse was then laid on the ground, Ov. Trisl. iii. 3. 40. Hence DEPOSITUS ; for in ultimo positus, desperatce salutis, des- perate, dying, past hopes of recovery, Id. ex Pont. ii. 2. 47. Trist, iii. 3. 40. Ver. JEn, xii. 395. Cic. Verr, i. 2. or from the ancient custom of placing sick persons at the gate, to see if any that passed had ever been ill of the same disease, and what had cured them, Serv, in Virg. JEn. xii. 395. Strab, iii. p. 155. xvi. 746. Herodot. i. 197. Hence Deponere aliquem vino, to intoxicate, Plant, Aul, iii. 6. 39. Positi artus, dead, Ovid, Her, x. 122. so compositus vino somnoque, overpowered, Ovid, Amor. i. 4. 51. ii. 5. 22. The corpse was next bathed with* warm water, and anointed with perfumes, Virg JEn. vi. 219. Ovid. Her. x. 122. Plin, Epist, v. 16. by slaves called POLLINCTORES, (quasi pellis unctores,) Plant, Asin, v. 2. 60. Pcen. prol. 63. belonging to those who took care of funerals, (LIBITINARII;) Senec. de bene/, vi. 38. and had the charge of the temple of Venus Libitina ; where the things requisite for fune- rals (necessaria funeribus) were sold, Plutarch. Rom. qucest. R. 23. Liv. xii. 21 . Hence Vitare Libitinam, not to die, Horat. Od. iii. 30. 6. Mirari nihil, nisi quod Libitina sacravit, to admire nobody till after his death, Id. Ep. ii. 1. 49. Libitinam evadere, to escape death, Juvenal, xii. 122. Libitina is also put for the funeral couch, Martial. viii. 43. 4. Acron. in Hor. Od. iii. 30. 6. In this temple was kept an account (ratio vel ephemeris) of those who died, Suet. Ner. 39. for each of whom a certain coin was paid, Dionys. iv. 15. hence Autumnusque gravis. Libitince quasstus acerbce, because autumn, being unhealthful, usually occasioned great mor- tality, Horat. Sat. ii. 6. 19. So Phcedr. iv. 19. 25. The money paid for the liberty of burial and other expenses, was called ARBITR1UM, oftener plur. -a, Cic. post. red. in Sen. 7. Dom. 37. Pis. 9. so arbitrium vendendi salis, the monopoly of salt, Liv. ii. 9. The body was then dressed in the best robe which the deceased had worn when alive, Virg. JEn. ix. 488. Ordinary citizens in a FUNERALS 397 white toga, J my. ii. 172. Magistrates in their prcetexta, &c. and laid {componebatur vel collocabatur) on a couch in the vestibule (locus vacuus ante januam domus, per quern a via ad cedes itur, Gell. xvi. 5.) with the feet outwards, as if to take its last departure, Ovid. Met. ix. 502. Tacit, Agric. 45. Senec. Ep. 12. brev. vit. 20. Suet. Aug. 101. Pers. iii. 104. Hence componere, to bury, Horat. Sat. 1. 9. 28. Ovid. Fast. iii. 547. v. 426. Tacit. Hist. i. 47. Then a lamentation was made. Hence Sic positwn affati discedite corpus, Virg. Mn. ii. 644. The couch was sometimes decked with leaves and flowers, Virg. JFn. xi. 66. Dionys. xi. 39. the bedstead of ivory, Prop. ii. 10. 21. If the deceased had received a crown for his bravery^ it was now placed on his head, Cic. de legg. ii. 24. Plin. xxi. 3. A small coin, triens vel obolus, was put in his mouth, which he might given to Charon, (Portitor vel Porthmeus, the ferryman of hell,) for his freight, Juven. iii. 267. Hence a person who wanted this and the other funeral oblations, was said, Abiis ad Acheruntem sine viatico; for without them it was thought that souls could not purchase a lodging or place of rest, (nusquam posse diverti,) Plaut. Poen. prol. 71. A branch of cypress was placed at the door of the deceased, at least if he was a person of consequence, Lucan. iii. 442. Festus, Horat. Od. ii. 14. 23. Plin. xvi. 33. to prevent the Pontifex Maxi- mus from entering, and thereby being polluted : Serv. ad Virg. JE>n. iii. 64. iv. 507. for it was unlawful for him not only to touch a 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, feralis, funerea, vel funebris, from its be- ing used at funerals, Ibid. The Romans at first usually interred (humabant) their dead, which is the most ancient and most natural method, Cic. de legg. ii. 22. Plin. vii. 54. Genes, iii. 19. They early adopted the custom of burning (cremandi, vel comburendi) from the Greeks, Plutarch, in Numa, 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 Cornelia that was burnt; which he is supposed to have ordered, lest any one should dig up his body, and dissipate his remains, as he did those of Marius, Cic. Plin. ibid. Pliny ascribes the first institution of burn- ing among the Romans, to their having discovered that the bodies of those who felLin distant Avars were dug up by the enemy, Ibid. The wise men among the Indians, called GYMNosopmsTiE, commonly burnt themselves alive, Plin. vi. 19. s. 22. as Calanus, in presence of Alexander, Cic. Tusc. ii. 21. Zamarus, at Athens, while Augus- tus was there, Dio. liv. 9. Under the emperors, it became almost universal, Tacit. Ann. xvi. 9. but was afterwards gradually dropt upon the introduction of Christianity, so that it had fallen into disuse about the end of the fourth century, Macrob. vn, 7. Children before they got teeth were not burnt, Plin. vii. 15. s. 16. Juvenal, xv. 140. but buried in a place called SUGGRUNDARf! 398 ROMAN ANTIQUITIES. UM, Fulgent, de prise. serm. 7. So likewise persons struck with lightning, (fulguriti.) 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, (bidentes,) 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 sacrilege, Horat. art. p. 471. The terms, SEPEL1RE, Sepultura, and Sepulchrum, are applied to every manner of disposing (condendi) of a dead body, Plin. 17. 54. Cic. Tusc. i. 45. So also HUMARK, &c. Cic. legg. ii. 22. Nep. Eumen. 13. JUSTA, exsequice, vel funus, funeral obsequies or solemnities : Hence J ust a funebria, justa funerum vel exsequia- rum, et justa funera alicui facer e, solvere, vel pesolvere, Cic. Flac. 38. Legg. ii. 17. Liv. i. 20. Sallust. Jug. 11. Caes. B. G. vi. 17. Redder e justa funeri ; Plin. x. 2. But EXSEQUIiE properly de- notes the funeral procession, (qfficium exsequiarum v. pompafune- bris.) Hence Exsequias ducere, deducere, comitari, frequentare, prosequi, &c. to attend the funeral, funeri interesse, Tacit. Ann. ii. 32. xvi. 6. 7. 21. Suet. Tib. 32. Ter. And. i. 100. Of funerals there were chiefly two kinds, public and private. The public funeral was called INDICTIVUM, (ad quod per- prozconem homines evocabantur,) because people were invited to it by a herald, Cic. dom. 18. (Seep. 154.) Of this kind the most remarkable were Funus CENSOR1UM, Tacit. Ann. iv. 15. xiii. 2. Dio. liii. 30. liv. 28. including funus consulare, preetorium, trium- phale, &c. PUBLICUM, when a person was buried at the public expense, Tacit. Ann. iii. 48. vi. 11. Suet. Vit. 3. and Collativum, by a public contribution, Liv. ii. 33. Vol. Max. iv. 4. Plutarch, in Poplic. (See p. 129.). Augustus was very liberal in granting pub- lic funerals, (fafu>noct raQoit,) as at first in conferring the honour of a triumph, Dio. liv. 12. A private funeral was called TACITUM, Senec. de tranq. 1. Ovid. Trist. i. 3. 22. Translatitium, Suet. Ner. 33. Plebeium, Propert. ii. 10. 25. Commune, Auson. Parent, x. 5. and Vulgare, Capitolin. in Anton. Phil. 13. The funeral of those who died in infancy, or under age, was call- ed ACERB UM, or immaturum, Virg. iEn. vi. 429. Juvenal, xi. 44. Senec. Ep. 123. or Exsequije immature, Id. tranq. anim. i. 11. But funus acerbum is applied by some only to infants, and im- maturum to young men. Such were burried sooner than grown persons, and with less pomp, Cic. Cluent. 9. Tacit. Ann. xiii. 17. Suet. Ner. 33. Funera pucrorum ad faces et cereos ducta, Senec. brev. vi. 20. Ep. 122. When a public funeral was intended, the corpse was kept usually for seven or eight days, Serv. in Virg. v. 64. vi. 218. with a keeper set to watch it, Id. xi. 30. and sometimes boys to drive away the flies, Xiphilin. lxxiv. 4. When the funeral was private, the body was not kept so long, Cic. Cluent. 9. Suet. Oth. Tacit. Ann. xiv. 9. On the day of the funeral, when the people were assembled, the dead body was carried out with the feet foremost, (pedibtis effereba- - FUNERALS. 399 tur, Flin. vii. s. 9.) on a couch covered with rich cloth, (strzgulaz vestis.) with gold and purple, Suet, Jul. 84. supported commonly on the shoulders of the nearest relations of the deceased, Plin. vii, 44. Juvenal, x. 259. Val. Max. vii. 1. or of his heirs, Horat. Sat. ii. 5. 86. sometimes of his freedmen, Pers. iii. 106. Julius Caesar was borne by the magistrates, Suet. 84. Augustus by the senators, Id. 101. and Giermanicus by the tribunes and centurions, Tacit. Ann. iii. 2. So Drusus, his father, who died in Germany, by the tribunes and centurions to the winter quarters ; and then by the chief men in the different cities, on the road to Rome. Dio. lv. 2. Suet. Claud. 1. Paulus iEmilius, by the chief men of Macedonia, who happened to be at Rome when he died, Val. Max. ii. 10. 3. Plutarch, in Fit. Poor citizens and slaves were carried to the funeral pile in a plain bier or coffin, (Sandapila, Martial, ii. 81. viii. 75. 14. Juve- nal, viii. 175. Vilis arca, Horat. Sat. i. 8. 9. Orciniana sponda, Martial, x. 5. 9.) usually by four bearers called VESPILLONES, vel Vespce, (quia vespertino tempore mortuos efferebant,) Festus, Su- et. Dom. 17. Eutrop. vii. 34. Martial, i. 31. and 48. Sandapilo- xes, vel -am,- and in later writers, Lecticarii. The funeral couches, (LECTICiE, lecti vel tori) of the rich seem also to have been borne by Vespillones, Nept. Att. 35. Gell. x. 3. Hence a couch carried by six was called Hexaphorum, Martial, ii. 81. vi. 77. 10. and by eight, Octophorum, ix. 3. 11. or Lectica oc- iophorus ,• as the ordinary couches or sedans used in the city, or on a journey, were carried by slaves, called Lecticarii, Cic. Verr, v. 11. Farn. iv. 12. Phil. 41. These couches were sometimes open, and sometimes covered, Ibid. The general name of a bier was FERETRUM, Virg. JEn. vi, 222. xi. 64. 149. Stat. Theb. vi. 55. Ovid. Met. xiy. 747. or CA- PULUS, vel -um (quod corpus capiat), Serv. in Virg. xi. 64. Fes- tus ; Hence capularis, old, at death's door, Plaut. Mil. iii. 1. 34. Cupidi decus, Asin. v. 2. 42. Some make feretrum to be the same with lectus ; others, that on which the couch was supported, Varr* 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. Her. 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 Virg. xi. 143. Donat. Ter. And. i. 1. 81. Thus, to diminish the expense of funerals, it was ordained by Demetrius Phalereus at Athens, Cic. de legg. ii. 26. according to an ancient law, which seems to have fallen into disuetude, De~ raosth. adv. Macartatum, p. 666. Hence FUNUS, a funeral, from funes accensi, Isid. xi. 2. xx. 10. or funalia, funales cerei, cerece fa- ces, vel candelce, torches, candles, or tapers, originally made of small ropes or cords ; (funes, vel funiculi) covered with wax or tallow, (sevum vel sebum) Serv, ibid. et. fan. i. 727. Val. Max, iii, 6, 4. Varr. de vit. pop. R. 400 ROMAN ANTIQUITIES. But in after ages, public funerals, {funera indictiva) were cele- brated in the day-time, at an early hour in the forenoon, as it is thought from Plutarch, in Syll. with torches also, Serv. in Virg. JEn. vi. 224. Tacit. Ann. iii. 4. Private or ordinary funerals (ta- cita) were always at night, Fest. in Vespillones. As torches were used both at funerals and marriages, Ovid. Ep. xxi. 172. hence inter uiramque facem, for inter nuptias et funus, Propert. iv. 12. 46. Et faces pro thalamic fax mihi mortis adest, Ovid. Ep. xxi. 172. The order of the funeral procession was regulated, and every one's place assigned him, by a person called DESIGNATOR, 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, (Tibicines, Ovid. Fast. vi. 660. vel Siticines, Gell. xx. 2.) trumpeters, Pers. iii. 103. Serv. in Virg. xi. 192. and cornetters, Horat. Sat. i. 6. 43. then mourning women, (PRJEFICiE, qua dab ant- cater is modum plangendi,) hired to lament, Festus ; Lucil. 22. Horat. Art. P. 431. and to sing the funeral song, (N^ENIA vel Lessus.) or the praises of the deceased, Plant. True. ii. 6. 14. iv. 2. 18. to the sound of the flute, Cic. legg. ii. 24. Quinctil. viii. 2. Boys and girls were some- times employed for this last purpose, Suet. Aug. 101. As these praises were often unmerited and frivolous ; hence nugce is put for NiEiVi^a, Plant. Asin. iv. 63. and Lexidia, rts inanes et frivolce, for voces prcefcarum, Gell. xviii. 7. The flutes and trumpets used on this occasion were larger and longer than ordinary, Ovid. Am. ii. 6. 6. of a grave dismal sound, Stat. Theb. v. 1 20. By the law of the twelve tables, the number of players on the flute at a funeral was restricted to ten, Cic. legg. ii. 24. Ovid. Fast, vi, 664. Next came players and buffoons, (Ludii vel histriones, et scuwcb,) who danced and sunn, Dionys. vii. 9. Suet. Tib. 57. One of them, called ARCHIMIMUS, supported the character (personam agebat) of the deceased, imitating his words and actions while alive, Suet. Vesp. 19. These players sometimes introduced apt sayings from dramatic writers, Suet. Cces. 84. Then followed the freed-men of the deceased, with a cap on their head, (pileati,) Cod. de Lat. libert. Liv. xxxviii. 55. Dionys. viii. Some masters at their death freed all their slaves, from the vanity of having their funeral procession attended by a numerous train of freed-men, Dionys. iv. 24. Before the corpse, were carried the images of the deceased, and of his ancestors, Cic. Brut. 34. Mil. xiii. 32. Horat. Epod. viii. 11. Vol. Max. viii. 15. 1. Plin. xxxv. 2. on long poles or frames ; Sil. x. 566. but not of such as had been condemned for any heinous crime, Tacit. Ann. ii. 32. iii. 76. whose images were broken, Juve- nal, viii. 18. The Triumviri ordained, that the image of Caesar, after his deification, should not be carried before the funeral of any of his relations, Dio. xlvii, 19. Sometimes there were a great FUNERALS. 401 many different couches carried before the corpse, on which, it is supposed, the images were placed, Tacit, Ann, %\i, 11. Serv, in Virg. v. 4. vi. 862. 875. After the funeral these images were again set up in the hall, where they were kept. Seep. 37. If the deceased had distinguished himself in war, the crowns and rewards which he had received for his valour were displayed, togeth- er with the spoils and standards he had taken from the enemy, Virg, JEn, xi. 78. At the funerals of renowned commanders, were car- ried images or representations of the countries they had subdued, and the cities they had taken, Tacit, Ann, i. 8. Dio, Ivi. 34. rxxiv. 4. at the funeral of Sylla, above 2000 crowns are said to have been car- ried which had been sent him by different cities on account of his victory, Appian. B, C, i. 417. The lictors attended with their fas- ces inverted, Tacit, Ann. iii. 2. Sometimes also the officers and troops, with the spears pointing to the ground, Ibid, Virg, xi. 92. or laid aside, Lucan. viii. 735. Behind the corpse, walked the friends of the deceased in mourn- ing, {atra vel lugubri veste ; atrah vel pullati ;) his sons with their heads veiled, and his daughters with their heads bare, and their hair dishevelled, contrary to the ordinary custom of both ; Plutarch, quest. Rom, 14. the magistrates without their badges, and the nobility with- out their ornaments, Tacit. Ann, iii. 4. The nearest relations sometimes tore their garments, and covered their hair with dust, Virg, JEn, xii. 609. Catull. lxii. 224. or pulled it out, Cic. Tusc. iii, 26. The women in particular, who attended the funeral, Ter. And, i. 1. 90. Suet Cws, 84. beat their breasts, tore their cheeks, &c. Virg. JEn, iv. 673. Tibull. i. 1. 68. although this was forbidden by the Twelve Tables, Mulieres genas ne radunto, Cic, legg, ii. 24. Plin, xxxvi. II, L e. Unguibus ne scindunto, Festus, At the funeral of an illustrious citizen, the corpse was carried through the Forum ; where the procession stopped, and a funeral ora- tion (LAUDATIO) was delivered in praise of the deceased from the Rostra, by his son, or by some near relation or friend ; Polyb. vi. 51. Cic. Orat. i. 84. Suet, Ccvs. 84. Aug. 101. Tib. vi. Mr, 9, sometimes by a magistrate, Plin. Ep. ii. 1. according to the appoint- ment of the senate, Quinctil. iii. 7. vel. 9. This custom is said to have been introduced by Poplicola, in ho- nour of his colleague Brutus, Plutarch, in Popl. Dionys, v. 17. ix. 54. It was an incentive to glory and virtue ; but hurtful to the au- thenticity of historical records, Liv, viii. 40. Cic. Brut. 17. The honour of a funeral oration was decreed by the senate also to women, for their readiness in resigning their golden ornaments to make up the sum agreed to be paid by the Gauls, as a ransom for leaving the city; Liv, v. 50. or, according to Plutarch, to make the golden cup which was sent to Delphi, as a present to Apollo, in consequence of the vow of Camillus, after the taking of Veji, Plu- tarch, in Camillo, But Cicero says, that Popilia was the first to whom this honour was paid, by her son Catulus, several ages after. Cic, Orat. ii. 11. and according to Plutarch. Caesar introduced the custom of prais- 51 402 ROMAN ANTIQUITIES. ing young matrons, upon the death of his wife Cornelia. But after that, both young and old, married and unmarried, were honoured with funeral orations, Suet, Jul. 6. Cal. 10. Tacit. Annal. v. 1. xvi. 6. Dio. xxxix. 64. & 59. While the funeral oration was delivering, the corpse was placed before the Rostra. The corpse of Caesar was placed in a guilt pa- vilion like a small temple, (aurata cedes,) with the robe in which he had been slain suspended on a pole or trophy ; Suet. Cces. 84. and his image exposed on a moveable machine, with the marks of all the wounds he had received ; for the body itself was not seen, Appian. B. C. ii. p. 521. but Dio says the contrary, xliv. 4. Under Augustus it became customary to deliver more than one funeral oration in praise of the same person, and in different places, Dio. lv. 2. From the Forum the corpse was carried to the place of burning or burial, which the law of the Twelve Tables ordered to be with- out the city, Hominem mortuum im urbe ne sepelito, neve urit©. Cic. legg. ii. 23. according to the custom of other nations ; the Jews, Matth. xxvii. 53.John.x\x. 20. & 41. the Athenians, Cic. Fam. iv. 12. Liv. xxxi. 24. ^md others, Cic. Flacc. 31. Tusc. v. 23. Plutarch, in Arato. — Strab. x. The ancients are said to have buried their dead at their own houses, Serv. in Virg. 9En. v. 64. vi. 152. Isidor. xiv. 1 1. whence, ac- cording to some, the origin of idolatry, and the worship of house- hold gods, the fear of hobgoblins or spectres in the dark, (Larvje vel Lemures,) &c. Ibid. — Souls, separated from the body, were call- ed Lemures vel Manes ; if beneficent, Lares; if hurtful, Larvae vel Manle, (eiy*8ot K»i xetKoi dxtfitoies,) Apul. de deo Socratis. Augus- us, in his speech to the soldiers before the battle of Actium, says that the Egyptians embalmed their dead bodies to establish an opi- nion of their immortality, Dio. 1. 24. Several of these still exist, called Mummies, from mum, the Egyptian name of wax. The man- ner of embalming is described by Herodotus, ii. 86. The Persians also anointed the bodies of their dead with wax, to make them keep as long as possible, Cic. Tusc. i. 45. The Romans prohibited burning or burial in the city, both from a sacred and civil consideration, that the priests might not be con- taminated by seeing or touching a dead body ; and that houses might not be endangered by the frequency of funeral fires, Cic. legg. ii. 22. or the air infected by the stench, Serv. in Virg. vi. 150. Jsid. xiv. 11. The flamen of Jupiter was not allowed to touch a dead body, nor to go where there was a grave ; Gell. x. 15. so the high priest among the Jews ; Levit. xxi. 11. and if the pontifex maximus had to deliver a funeral oration, a veil was laid over the corpse, to keep it from his sight, Senec. ccns.ad Marc. 15. Dio. liv. 28. 35. The places for burial were either private or public ; the private in fields or gardens, usually near the highway, to be conspicuous, and to remind those that passed of mortality, Varr. de L. L. v. 6. Hence the frequent inscriptions, Siste viator, aspice viator, &c. on the via Appia, Aurelia, Flaminia, Tiburtina, #•<:. Liv. vi. 36. Suet. SERALS. -103 Cal. 5ftb Galb; 20. Juven. i. ult. Martial, i. 89. 115. 117. vi. 28. x. 43. xi. 14. Propert. iii. 16. 30. Nep. Att. ult. Plin. Ep. vii. 29. The public places of burial for great men were commonly in the Campus Martius, Strab. v. Suet, C&s. 84. CI. 1. Virg. JFn. vi. 873. Dio. 39. 64. 48. 53. or Campus Esquilinus, granted by a de- cree of the senate, Cic. Phil. ix. 7. for poor people, without the Es- quiline gate ; in places called Puticul-s:, vel -i. (quod in puteos cor- pora mittebantur.) Varro. de L. L. iv. 5. Festus, Horat. Sat. 1. 8. 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 to his favourite, Maecenas, who built there a magnificent house (rnolem propinquam nubibus arduis, Hor. Od. iii. 29. 10. called Turris M^cenatiana, Suet. Ner. 38.) with extensive gardens ; whence it became one of the most healthy situations in Rome, Suet. Aug. 72. Tib. 15. Ner. 31, There was in the corner of the burying-ground, a stone pillar, CIPPUS, on which was marked its extent towards the road, (in fronted and backwards to the fields, (in agro, vel -urn.) Horat. ibid, also who were to be buried in it. If a burying-ground was intended for a person and his heir, it was called SEPULCHRUM, vel MONUMENTUM HEREDITARI- LY!, which was marked in letters, thus, H. M. H. S. u e. Hoc MONUMENTUM HiEREDES SEQUITUR: Or GENTILE and GENTILITIUM, Suet. Ner. 50 ; Patrium, Virg. JFn. x. 557. Avitum, Ovid. Trist. iv. 3. 45. Met. xiii. 524. If only for himself and family, FAMILI- ARE, L. 5. D. de religios. Freed-men were sometimes compre hended, and relations, when undeserving, excluded, Suet. Aug. 102. The right of burying, (jus inferendi,) was sometimes purchased by those who had no burying-ground of their own. The Vestal virgins were buried in the city, (quia legibus non tent bantur.) Serv. in Virg. Mn. ix. and some illustrious men, as, Popli cola, Tubertus, and Fabricius, (virtutis causa, legibus soluti ;) which right their posterity retained, Cic. legg. ii. 23. but did not use. To show, however, that they possessed it, when any of them died, they brought the dead body, when about to be burnt, into the Forum, and setting down the couch, put a burning torch under it, which they immediately removed, and carried the corpse to another place, Plu- tarch, in Poplic. et Qucest. Rom. 78. The right of making a sepul- chre for himself within the pomaerium was decreed to Julius Caesar as a singular privilege, Dio. xliv. 7. When a person was burnt and buried in the same place, it was called BUSTUM, Festus ; whence this word is often put for a tomb, (Tv/tt/3ds,) Cic. Tusc. v. 35. Att. vii. 9. Pis. 4. 7. Legg. ii. 26. A place where one was only burnt, USTRINA, vel -um. Festus. The funeral pile (ROGUS, vel PYRA) was built in the form of an altar, with four equal sides ; Herodian. iv. 2. hence called ara sepulchri, Virg. vi. 177. Sil. xv. 388. funeris ara, Ovid. Trist. iii. 13. 21. in Ibin. 102. of wood which might easily catch fire, as fir, pine, cleft oak, S/c. Virg. jEn. iv. 504. vi. 180. Stat. Theb. vi. 54. unpolished, according to the law of the twelve tables *, Rogum ascia polito, Cic. legg, ii. 24 # but not always so. Plin. xxxv. 7. also 404 ROMAN ANTIQUITIL stuffed with paper and pitch; Martial, viii. 44. 14. x. 97. mack higher or lower, according to the rank of the Seceased ; Lucan. viii. 743. Virg. Ibid. &c. xi. 215. (heuce rogus Plebeius, Ovid, in Ibin. 152.) with cypress trees set around to prevent the noisome smeli, Ibid, and Serv. in loc. Sil. x. 535. at the distance of sixty feet from any house, Cic. legg. ii. 24. The basilica Pcrcia and senate-house adjoining, contiguous to the Forum, were burnt by the flames of the funeral pile of Ciodius, As- con, in Cic. pro Milone, Dio. xi. 49. On the funeral pile was placed the corpse with the couch, Tibull. i. 1. 61. The 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. Tibull. i. 1. 62. and then set fire to the pile with a lighted torch, turning away their face (aversi), to show that they did it with reluc- tance, Virg. 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 happened, it was thought fortunate, Plutarch, in Syll. They threw into the fire various perfumes, (adores,) incense, myrrh, cassia, &c. Plin. 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, (dapes v. fercula,) with titles marking what they contained ; Virg. Mn. vi. 223. Stat. Theb. vi. 126. likewise the clothes and or- naments not only of the deceased, Virg. JEn. vi. 221. Lucan. ix. 175, but their own; Tacit. Ann. iii. 3. 2. Suet. Jul. 84. every thing in short that w r as supposed to be agreeable to the deceased while alive, Donat. in Virg. Mn. vi. 217. Cas. B. G. vi. 17. All these were called MUNERA, vel DONA, ibid. If the deceased had been a soldier, they threw on the pile his arms, rewards, and spoils, Virg. Mn. si. 192. Sil.x. 562. and if a general, the soldiers sometimes threw in their own arms, Suet. Jul. 84. Lu- can. viii. 735. At the funeral of an illustrious commander or Emperor, the sol- diers made a circuit (DECURREBANT) three times round the pile, Virg. Mn. xi. 188. Tacit. Ann. ii. 7. from right to left, (orbe sinistro,) with their ensigns inverted, Stat. Theb. vi. 213. and strik- ing their weapons on one another to the sound of the trumpet, Val. Flacc. iii. 346. all present accompanying them ; as at the funeral of Sylla, Appian. B. C. 1 . of Augustus, Dio. lvi. 42. &c. which custom seems to have been borrowed from the Greeks ; Homer, xxiii. 13. and used also by the Carthaginians, Liv. xxv. 17. sometimes per- formed annually at the tomb, Suet. Claud. 1. As the Manes were supposed to be delighted with blood, Tertul- lian. de Spect. various animals, especially such as the deceased had had be^n fond of, were slaughtered at the pile, and thrown into it ; Plin. viii. 40. s. 61. Virg. Mn. xi. 197. Homer. II. xxiii. 166. Plin. Ep. iv. 2. In ancient times, also men, captives, or slaves, were thrown into the pile, Virg. x. 518. xi. 82. Homer. II. xxi. 27. to which Cicero alludes, Flac. 38. Afterwards, instead of them, gla- diators, called BUSTUARI1, were made to right *. Serv. in Mv. FUNERALS. 405 519. Horat. Sat. 11. 3. So. Flor. iii. 20. so among the Gauls, slaves and clients were burnt on the piles of their masters, Cces, B. G. vi. 17. among the Indians and Thracians, wives on the piles of their husbands, Cic. Tusc. v. 27. Mel. d§ sit. orb. ii. 2. As one man had several wives, there was sometimes a contest among them about the preference, which they determined by lot,. Prop. iii. 7. /Elian. 7. 18. Serv. in JEn. v. 95. Thus also among the Romans, friends testi- fied their affections;* as Plotinus to his patron, Plin. 7. 36. Plau- tius to his wife Orestilla, Val. Max. iv. 6. 3. soldiers to Otho, Tacit. Hist. ii. 49. Mnester, a freed-man, to Agrippina, Id. Ann. xiv. 9. &c. Instances are recorded of persons who came to life again on the funeral pile, after it was set on fire ; so that they could not be pre- served ; and of others, who having revived before the pile was kin- dled, returned home on their feet, Plin. vii. 52. s. 53. xxvi. 3. s. 8.f The Jews, although they interred their dead, (condere, quarn cremare, t more. JEgyptio,) Tacit. Hist. v. 5. filled the couch on which the corpse was laid with sweet odours, and divers kinds of spices, and burnt them, 2. Chron. xvi. 14. Jerem. xxxiv. 5. When the pile was burnt down, the fire was extinguished, and the embers soaked with wine, Virg. JEn. vi. 226. the bones were gather- ed (os.-a legebantur) by the nearest relations, Tibidl. iii. 2. 9. with loose robes, lb. $• Suet. Aug. 101 . and sometimes barefooted, Suet. ib. We read also of the nearest femaie relations gathering the bones in their bosom, Tibidl. i. 3. 5. Senec. ad Helv. 11. Lucan. ix 60. who were called Funer.e, vel ece, Serv. in Virg. Mn. ix. 486. The ashes and bones of the deceased are thought to have been distinguished by their particular position. Some suppose the body- to have been wrapt in a species of incombustible cloth, made of what the Greeks called Asbestos, Plin. xix. 1. s. 4. But Pliny re- stricts this to the kings of India, where only it was then known. The bones and ashes, besprinkled with the richest perfumes, w r ere put into a vessel called URN A, an urn, Cic. Tusc. i. 15. Ovid. Am. iii. 9. 39. Feralis urna, Tacit. Ann. iii. 1. made of earth, brass, marble, silver or gold, according to the wealth or rank of every one, Prop, ii. 13. 32. Virg. JEn. vi. 228. Eutrop, viii. 5. Some- times also a small glass vial full of tears, called by the moderns a Lachrymatory, w r as put in the urn. The urn was solemnly deposited (componebatur) in the sepulchre, (SEPULCHRUM, tumulus, monwmbntum, seeks, vel domus, Con- ditorium, v. -tivum, Cinerarium, &c.) Propert. ii. 24. 35. Ovid, Fast. v. 426. Met. iv. 157. Hence componere, to bury, Horat. Sat. i. 9. 28. Tacit. Hist. i. 47. to shut up, to end, Virg. JEn. i. 378. composito die, i. e.Jinito, Plin. Ep. ii. 17. When the body was not burnt, it was put into a coffin, (area, vel loculus), with all its ornaments, Plin. vii. 2. usually made of stone, as that of Numa ; Plin. xiii. 13. Val. Max. i. 1. 12. so of Hannibal ; * In like manner, at the present day, it is common for wives in Hindoostan, to throw themselves on the funeral pile of their husbands, and to be consumed along with the dead body; and this they generally do with the utmost cheerfulness. t So instances have occurred iu our time of persons who revived, after being bu- I, which ought to render people cautious of interring their friends prematura 406 ROMAN ANTIQUITIES. Aur. Vict. iii. 42. sometimes of Assian stone, from Assets, 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 SARCO- PHAGUS, Ib. which word is also put for any coffin or tomb, Juve- nal, x. 172. The coffin was laid in the tomb on its back ; in which direction among the Romans, is uncertain ; but among the Athenians, look- ing to the west, JElian. v. h vii. Plutarch, in Solon. Those who died in prison, were thrown out naked on the street, Liv. xxxviii. 59. When the remains of the deceased were laid in the tomb, those present were three times sprinkled by a priest with pure water, (aqua pura, vel lustralis,) from a branch of olive or laurel (aspergil- lum), to purify them ; Serv. in Virg. JEn. vi. 239. Fest. wiLaurus, Juvenal, ii. 158. then they were dismissed by the Pr^fica, or some other person, pronouncing the solemn word ILICET, i. e. re licet, you may depart, Serv. ib. At their departure, thy used to take a last farewell, by repeating several times VALE, or SALVE (sternum, Id. xi. 97. ii. 640. adding Nos te ordine, quo natura permiserit, cunctisequemur, Serv. JEn. iii. 68. which were called Verba no- vissima ; 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 levis, Mar- tial, i. 89. v. 35. ix. 30. and the gravestone (CIPPUS), Pers. i. 37. that his bones might rest quietly, or lie softly, (molliter cubarent,) Ovid. Am. i. 8. 108. Ep. vii. 162. Trist. iii. 3. 75. Virg. Eel. x. 33. Placide quiescas, Tacit. Agric. 46. Hence Compositus, buried, Ovid. Fast. v. 426. and positus, lb. 480. So placidd compostus pace quiescit, is said of Antenor, while yet alive, Id. JEn. i. 249. We find in Ovid the contrary of this wish, Solliciti jaceant, terrdque pre- mantur iniqud, 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, Virg. JEn. xi. 210. The friends, when they returned home, as a further purification, after being sprinkled with water, stepped over a fire, (ignem super- grediebantur,) which was called SUFFITIO, Festus. The house itself also was purified, and swept with a certain kind of broom or besom, (scopce, -arum.) which purgation was called Exverrje, v* Everrce ; and he who performed it, EVERRIATOR, id. There were certain ceremonies for the purification of the fami- ly, called Feri^ Denicales, (a nece appellatce.) 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 occasion a soldier might be absent from duty, GelL xvi. 4. A place was held religious, where a dead body, or any part of it, was buried, but not where it was burnt, Cic. ibid. For nine days after the funeral, while the family was in mourn- ing, and employed about certain solemnities at the tomb, it was un- lawful to summon the heir, or any near relation of the deceased, to a court of justice, or in any other manner to molest them, Novell FUNERALS. 407 11 5. On the ninth day, a sacrifice was performed, called NOVEN- D1ALE, Porphyrio ad Horat. epod. xvii. 48. with which these so- lemnities were concluded, Donat. in Ter. Phorm. Oblations or sacrifices to the dead, (INFERLE, vel PARENTA- LIA,) were afterwards made at various times, both occasionally and at stated periods, consisting of liquors, victims, and garlands, Virg. Mn. iii. 66. v. 77. 94. ix. 215. x. 519. Tacit. Hist. ii. 95. Suet. CaL 3. 15. CI. 11. JVer. 11. called Feralia munera, Ovid. Trist. iii. 3. 81. Thus alicui inferias ferre, vel mittere, et pa- rentare, to perform these obligations, Cic. legg. ii. 21. Phil.\. 6. Flacc. 38. Parentare regi sanguine conjuratorum, to appease, to avenge, Liv. xxiv. 21. so Cass. B. G. vii. 17. Saguntinorum mani- bus vastatione Italia, &c. parentatum est, an atonement was made to their ghosts, Flor. ii. 6. so Litare, Id. ii. 5. iii. 18. (Paren- tare proprie est parentibus ^'wsta facere,) Ovid. Amor. i. 13. 4. The sepulchre was then bespread with flowers and covered with crowns and fillets, Suet. Ner. 57. Tac. Hist. ii. 55. Cic. Flacc. 38. Before it, there was a little altar, on which libations were made, and incense burnt, Virg. Mn. iii. 63. 302. vi. 883. A keeper was ap- pointed to watch the tomb, Prop. iii. 16. 24. which was frequently illuminated with lamps, D. xl. 4. 44. Suet. Aug. 99. A kind of perpetual lamps are said by several authors to have been found in ancient tombs still burning, which, however, went out on the admission of air. But this by others is reckoned a fiction, Kip- pingi. Antiq. iv. 6. 14. A feast was generally added, called SILICERNIUM, (cama fu- nebris, quasi in silice posita, Serv. in Virg. Mn. v. 92. vel quod silentes, sc. umbrae, earn cernebant, vel parentantes, qui non degus- tabant, Donat. in Ter. Adelph. iv. 2. 48.) both for the dead and the living. Certain things were laid on the tomb, commonly beans, Plin. 18. 12. s. 30. lettuces, bread, and eggs, or the like, which it was supposed the ghosts would come and eat ; hence Coena fera- lis, Juvenal, v. 85. What remained, was burnt ; for it was thought mean to take any thing thus consecrated, or what was thrown into the funeral pile. Hence Rapere de rogo coznam, Catull. 57. 3. Ti- bull. i. 5. 53. E Jiammd cibum petere, Ter. Eun. iii. 2. 38. Busti- rapus is applied as a name of contempt to a sordid person, Plant. Pseud, i. 3. 127. and Silicernium, to an old man, Ter. ibid. After the funeral of great men, there was not only a feast for the friends of the deceased, but also a distribution of raw meat among the people, called VISCERATIO, Liv. viii. 22. Seep, 275. with shows of gladiators and games, which sometimes continued for se- veral days ; Liv. xxxvi. 46. sometimes celebrated also on the anni- versary of the funeral, Virg. Mn. v. Faustus. the son of Sylla, exhibited a show of gladiators in honour of his father, several years after his death, and gave a feast to his people, according to his fa- ther's testament, Cic. Syll. 19. Dio. xxxvi. 51. The time of mourning for departed friends was appointed by Numa, Plutarch, in Num. as well as funeral rites, (justa funebria,) and offerings to appease the manes, (infericn ad placandos Manes,) Liv. i. 20. There was no limited time for men to mourn, because 408 ROMAN ANTIQUITIES. none was thought honourable, Senec. Epist. 63. as among the Ger- mans, Tacit, 27. It usually did not exceed a few days, Dio. lvi. 43. Women mourned for a husband or parent ten months, or a year, ac- cording to the computation of Romulus, See p, 278. but not longer, Senec. ib. fy ConsoL ad. Helv. 16. Ovid* Fast. iii. 134. In a public mourning for any signal calamity, the deathof a prince or the like> there was a total cessation from business, (JUSTITI- UM,) either Spontaneously, or by public appointment, Liv. ix. 7. Ta- cit. 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. 8. Suet. Cat. 24. In excessive grief, the temples of the gods were struck with stones, (lapidata, i. e. lapidibus impetita,) and their altars overturned, Suet. Cal. 5. Senec. vit. beat. 36. Arrian, Epictet. ii. 22. Both public and private mourning was laid aside on account of the public games ; Tacit. Ann. iii. 6. Suet. Cal. 6. for certain sacred rites, as those of Ceres, &c. and for several other causes enumerat- ed by Festus, in voce minuitur. After the battle of Cannae, by a decree of the senate, the mourning of the matrons was limited to thir- ty days, Liv. xxii. 56. Val. Max. i. 1. 15. Immoderate grief was supposed to be offensive to the Manes, Tibull. i. 1. 67. Stat. Syl. v. 1. 179. The Romans in mourning kept themselves at home, Tacit. Ann. iii, 3. iv. 8. Plin. Ep. ix. 13. avoiding every entertainment and amuse- ment; Cic. Att. xii. 1 3. &c. Senec. decl. iv. 1 . Suet. Cal. 24. 45. neither cutting their hair nor beard ; Seep. 361. drest in black, (LUGUBRIA sumebant,) Juvenal, x. 245. which custom is supposed to have been borrowed from the ^Egyptians, Serv. in Virg. JEn. xi. sometimes in skins, Festus in pellis ; laying aside every kind of ornament, Liv. ix. 7. Suet. Aug. 101. not even lighting a lire, Scholiast, in Juvenal, iii. 214. Apul. Met. ii. which was esteemed an ornament to the house, Homer. II. 13. Hence Focus perennis, i. e. sine luctu, Martial, x. 47. 4. pervigil, Stat. Sylv. iv. 5. 13. The women laid aside their gold and purple, Liv. xxxiv. 7. Ter. Heaut. ii. 3. 45. Under the republic, they dressed in black, like the men ; but under the emperors, when party-coloured clothes came in fashion, they wore white in mourning, Plutarch, probl. 27. Hero- dian. iv. 2. 6. In a public mourning, the senators laid aside their latus clavus and rings ; Liv. ix. 7. the magistrates, the badges of their office; Cir. post. red. in Sen. 5. Tacit Ann. iii. 4, Lucan. ii. 18. and the consuls did not set on their usual seats in the senate, which were elevated above the rest; but on a common bench, (sede vidgari,) Tacit. Ann. iv. 8. Dio. lvi. 31. Dio says that the senators in great mourning ap- peared in the dress of the Equites, xl. 46. The Romans commonly built tombs (sepulchra, v. conditoria), for themselves during their life-time, Senec. brev. vit. 20. thus, the MAU- SOLEUM, (ft«vi*\ Epitaphium, vel Elogium,) expressed sometimes in prose, and sometimes in verse. Ovid. Her. xiv. 128. Martial, x. 71. Cic. Tusc. i. 14. Arch. 11. Senect. xvii. 20. Fin. ii. 35. Pis. 29. Virg. Eel. v. 43. Suet. CI. 12. Plm. Ep. ix. 20. Sil. xv. 44. usual'y beginning with these letters, D. M. S. Dis Manibus sa- crum. Prudent. Symmach. i. 402. Gell. x. 18. vel Memorise, Suet. Vit. 10 ; then the name of the person followed, his character, and the principal circumstances of his life. Often those words are used. Hie situs est vel jacet, Ovid. Met. ii. 378. Fast. iii. 373. 776m//.' i. 3. 55. iii. 2. 29. Martial, vi. 52. Virg. vii. 3. Plin. Ep. vi. 10. Se- ttee. Ep. 78. If he had lived happily in marriage, thus, Sine que- rela, sine jurgio, vel offensa, vel discordia, Plin. Ep. viii. 5. When the body was simply interred without a tomb, an inccir 410 ROMAN ANTIQUITIES. tion 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, (Sepul- chri violati actio,) Cic. Tusc. i. 12. Senec. Contr. iv. 4. The punishment was a tine, the loss of a hand, (manus amputatio ;) work- ing 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, Chrysosl. Horn, 40. and others, Martial, i. 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 magical purposes ; Quinctil. decl. 15. Apul, Met. ii. Tacit. Ann. ii. 69. by stripping it of any thing valuable; as gold, amis, &c. Id. 69. Pheedr. i. 27. 3. or by transporting it to another place, without leave obtained from the Pontifex Maximus, from the Emperor, or the Magistrate of the place, Dig. fy Cod. Plin. Ep. x. 73. & 74. Some consecrated temples to the memory of their friends, as Ci- cero proposed to his daughter Tullia : which design he frequently mentions in his letters to Atticus, xii. 18. 19. 35. 36. 41. 43. &c, Lactant, i. 1 5. This was a very ancient custom, Plin. 27. and pro- bably the origin of idolatry, Wisd. xiv. 15. The highest honours were decreed to illustrious persons after death, Minuc. Felix in Octav. The Romans worshipped their found- er Romulus, as a god, under the name of Quirinus, Liv. i. 1 6. Hence afterwards the solemn CONSECRATION («iroB-e»rn)ofthe Empe- rors, by a decree of the senate, Herodian. iv. 2. who were thus said to be ranked in the number of the gods, (m deorum numerum, inter vel in deos rtferri, Suet. Caes. 88. ccelo decari, Plin. Pan. 11. &c.) also some Empresses, Suet. CI. 11. Tacit. Ann. v. 2. xvi. 21. Tem- ples and priests were assigned to them, see. p. 264. They were in- voked with prayers, Virg. G. i. 42. Men swore by their name or genius, and offered victims on their altars, Horat. Ep. ii. 1.16. The real body was burnt, and the remains buried in the usual man- ner. But a waxen image of the deceased was made to the life : which, after a variety of ridiculous ceremonies 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 Mart his, 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, Herodian. iv. 3. ROMAN WEIGHTS and COINS. The principal Roman weight was AS or libra, a pound ; which was divided into twelve parts, or ounces, (UNCl^E :) thus uncia, an ounce, or T V of an as ; sextans, 2 ounces, or fa quadrans, 3. j\ or { ; WEI AND 411 5, or f . T.or L|, or f ; deunc. 1 1 ounces, or -j4 of an The UNICA was also divided thus, semuncia. I, the half of an ounce, or J T of an as ; due! la i, sicilicus, vel -urn. ± : sextula. drachma, } ; hemisescla, i. e. sextula, ^ ; trt7nissis, scrupulus. scriptulum vei scripulum, T l T of an ounce, or 2 -{ ? of an ett, Varr. L. L. iv. 36. AS was applied to any thing divided into twelve parts ; as. to an inheritance, see p. 62. an acre. Liv. viii. 11. to liquid measure, see p. 382. or to the interest of money, 6ic. Hence probably to our word ace, or unit. The Roman pound was equal to 10 ounces. 18 penny-weights, 13£ grains of English Troy weight, or nearly 12 ounces Avoirdupois*. The Greek weights mentioned by Roman authors, are chiefly the \t. divided into 60 r.vna. and the mind into 100 drachma. The a was nearly equal to the Roman libra. The English TROY weight, by which silver and gold are weigh- ed, is as follows: 24 grains. 1 penny-weight: -20 dwt. 1 ounce; 12 oz. 1 pound. But Apothecaries, in compounding medicines, make 20 grains 1 scruple ; 3 s. 1 drachm : 8 dr. 1 ounce ; 12 oz. 1 pound. irdupoise weight, by which larger and coarser commodities are weighed, 16 drachms, one ounce; 16oz. 1 pound. The Romans, like other ancient nations. . iii. 155. at first had no coined money, [pecunia signata.) but either exchanged com- modities with one another, or used a certain weight of uncoined brass, (aes rude,) or other metal : Hence the various names of money also denote weight; so pendere for solvere, to pay: stipendium, (a stipe pendenda.) soldiers' pay. Festus ; because at first it was weigh- ed, 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 cus- tom of exchanging commodities, th *#**<, to purchase or ex- change, by giving a lamb. (**;, *£»os, agnus ;) *»£««*', by giving an ass, («*•«, asinus /) naAea, by giving a foal, 5t*a«s, (equuleus.) or the young of any animal. Serving Tullius first stamped pieces of brass with the image of cattle, oxen, swine, kc. (Pecudes) whence PECUNIA, money, Ovid. Fast. ▼. 281. (Scrvius. nx. ovium bownque cffgio primus ccs signavi*, Plin.xxxiii. 3. JEs pecore notavit ; Varro. R. R. ii. 1. Plu- tarch. Q. Rom. 40. Silver was first coined, A. U. 484. five years before the first Punic war. or. according to others. A. U. 498. and gold, sixty-two years after, Plin. xxxiii. 3. 40. Liv. Ep. xv. Silver coins, however, seem to have been in use at Rome before that time, but of foreign coinage, Liv. viii. 11. The Roman coins were then only of brass. Hence j£s or ara, plur. is put for money in general, Horat. art. p. 345. ep. 1. 7. 23. Aureos nummos as dicimus, Ulpian. .-Ere mature, to buy or sell ; czs t alienum. debt; annua (era. yearly pay, Liv, \. 1 412 ROMAN ANTIQUITIES. cera rium, the treasury ; ces militare, money for paying the soldiers given from the treasury to the Quaestor by the Tnbuni cerarii, Ascon, et Fest. or by them to the soldiers, Vurr. L. L. iv. 36. Homocera- tus, a moneyed man, Plant. Most. iv. 2. 9. as some read the passage : So tribuni non tarn cerati, i. e. bene nummati, quam ut appellantur, cerarii, i. e. aere corrupt], vel in wrarws aut Carries referenda, Cic. Att. i. 16. See p. 115. Mr a vetusta, i. e. prisca moneta, ancient money ; Ovid. Fast. i. 220. but Mra Vetera, o.d crimes or debts ; Cic. Verr. v. 13. Mruscare vei cesculari, to get money by any means ; Fest. et Senec. de clem. ii. 6. Mrutc&tor, vel esculator, a low beggar- ly fellow, a fortune-teller, or the like, Gell. ix. 2. xiv. 1. obaratus, oppressed with debt, a debtor. Liv. 26. 40. Cces. B. G. i. 3. Tacit. Ann. vi. 17. In meo cere est, i. e. in bonis meis, vel in meo censu, mine, my friend, Cic. Fam. xiii. 62. xv. 14. ces circumforaneum, mon- ey borrowed from bankers (argentarii), who had shops in porticos round the Forum, Cic. Att. ii. 2. Money was likewise called STIPS (a stipando), from being cram- med in a cell, that it might occupy less room, Varr. L. L. iv. 36. But this word is usually put for a small coin, as we say a penny or farthing, offered to the gods at games, or the like; Cic. leg. ii. 16. 'Liv. 25. 12. Tacit. Ann. xiv. 15. Suet. Aug. 57. or given as an alms to a beggar; Id. 91. or to any one as a new year's gift, (strena,) Id. Cal. 42. or by way of contribution for any public purpose, Plin. xxxiii. 10. s. 48. xxxiv. 5. The first brass coin (nummus vel numus ceris, a Numa rege vel a vow lex), was called AS, (anciently assis, from as ;) of a pound weight, (liberalis.) The highest valuation of fortune (census maximus) un- der Servius, was 100,000 pounds weight of brass, (centum mil lia cens, sc. assium vel librarum,) Liv. i. 43. The other brass coins, besides the as, were semisses, trientes, quadrantes, and sextantes. The quadrans is also called teruncius, Cic. Fam. ii. 17. At. v. 20. (a tribus unciis,) Plin. xxxiii. 3. s. 13. These coins at first had the full weight which their names import- ed, hence in later times called jES GRAVE, Plin. xxxiii. 3. s. 13. This name was used particularly after the weight of the as was diminished, to denote the ancient standard, Liv. iv. 41. 60. v. 12. Senec. ad Helv. 12. because when the sum was large, the asses were weighed, and not counted. Servius on Virgil makes as grave to be lumps (massai) of rough copper, or uncoined brass, (airisrudis,) JEn. vi. 862. In the first Punic war, on account of the scarcity of money, asses were struck weighing only the sixth part of a pound, or two ounces ; (asses sextantario ponderc feriebantur,) which passed for the same value as those of a pound weight had done ; whence, says Priny, the republic gained five-sixths, (ita quinque portts facta lucri,) and thus discharged its debt. The mark of the as then was a double Ja- nus on one side, and the beak or stern of a ship on the other, Plu- tarch. Q. Rom.AO. See Ovid. Fast. i. 229. &c. of the trims and quadrans, a boat, (rates ;) whence they are sometimes called Rati- tt. Festw. Plin. ibid. WEIGHTS AND COIIN 413 In the second Panic war, while Fabius was dictator, the asses were made to weigh only one ounce, (unciales ;) and afterwards, by the law of Papirius, A. U. 563. half an ounce, (semunciales,) Plin. xxxiii. 3. s. 13. The sum of three asses was called tressis ; often asses, decussis ; of twenty, vicessis ; and soon to a hundred, Centussis, Varr, L. L.iv. 36. viii. 49. Ptrs. v. 76. 191. Gell. xv. 15. Macrob. Sat. ii. 13. but there were no such coins. The silver coins were DENARIUS, the value of which was ten asses or ten pounds of brass, (Deni oris. sc. asses,) marked with the letter X.—QUINARIUS, five asses, marked V.— and SESTER- TIUS, two asses and a half (quasi sesquitertius), commonly mark- ed by the letters L. L. S. for Libra libra semis ; or by abbreviation, H. S. and often called absolutely NUMMUS, because it was in most frequent use, Cic. Verr. iii. 60. & 61. The impression on silver coins, (nota argenti) was usually on one side, carriages, drawn by two or four beasts, (bigce vel quadriga :) whence they are called BIGATI and QUADRIGATI, sc. nummi, Plin. xxxiii. 3. Liv. xxii. 52. xxiii. 15. and on the reverse, the head of Roma with an helmet. On some silver coins was marked the figure of victory, hence called VICTORIATI, Cic. Font. 5. Quinctil. vi. 3. stamped by the Clodian law, Plin. 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 thousand pounds of brass. Whence we may jud^e of the scarcity of silver at that time in Rome. But afterwards the case was altered. For when the weight of the as was diminished, it bore the same proportion to the denarius as before, till it was reduced to one ounce ; and then a de- narius passed for sixteen asses, (except in the military pay, in which it continued to pass for ten asses, at least under the republic, Plin. xxxiii. 3. for in the time of Tiberius it appears no such exception was made, Tacit. Ann. 1. 17.) a quinarius for eight asses, and a ses- tertius for four; which proportion continued when the as was reduc- ed to half an ounce, Plin. ibid. Hence argentum cere solutum, i. e» an as for a sestertius, 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 : Libella, worth an as, or the tenth part of a denarius ; Sembella, (quasi semilibella.) worth half a pound of brass, or the twentieth part of a denarius, and teruncius, the fortieth part of a denarius, Varro de ling. Lat. iv. 36. Bui Cicero puts the libella for the smallest silver coin, Verr. ii. 10. Rose. C. 4. as well as the teruncius, Fin. iii. 14. Att. v. 20. Fam. ii. 17. this, however, he does only proverbially; as we say a penny or a farthing. 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 nummus, equal in weight to two denarii and a quinarius, and in value to twenty-five denarii, or 100 414 ROMAN ANTIQUITIES. sestertii,S\iet Oth. 4. Tacit. Hist. 1. 24. Hence the fee allowed to be takefi by a lawyer is called by Tacitus dena seste?iia, Ann. xi. 7. hy Pliny decern millia, sc. H. S. Ep. v. 21. and by Ulpian centum aurei, JE). 1. 12. de extr. cognit. See p. 163, all of which were equivalent. The common rate of gold to silver under the republic was ten- fold -, (id pro argent eis decern, aureus unus valeret,) Liv. 38. 11. But Julius Caesar got so much goid by plundering, that he exchanged it (promercale dividerel), for 30o0 sestertii, or 750 denarii the pound, i. e. a pound of goid for 1\ pounds of silver, Suet. Cces. 54. The aureus in later ages was called SOL1DUS, but then greatly inferior, both in weight and beauty, to the golden coins struck under the republic and first emperors, Lamprid. in Alex. 39. At first forty aurei were made from a pound of gold, with much the same images as the silver coins. But under the late emperors they were mixed with alloy ; and thus their intrinsic value was di- minished. Hence a different number of aurei were made from a pound of gold at different times ; under Nero 45, Plin. 33. 3. but under Constantine, 72. The emperors usually impressed on their coins their own image, Juvenal, xiv. 291. This was first done by Julius Caesar, according to a decree of the senate, Dio. xliv. 4. The assay or trial of gold was called OBRUSSA, Plin. 33. 3. Cic. Brut. 74. Senec. Ep. 13. s. 19. hence aurum ad obrussam, sc. exactum, the purest gold, Suet. Ner. 44. AKGENTUM pustulatum, the finest silver, Ibid. Martial.vn. 85. vel purumputum, Gell. vi. 5. ARGENTUM iafectum vel rude, bullion, unwrought or uncoined silver ; factum, plate ; signatum, coined silver, Liv. xxvii. 18. xxxiv. 52. NUMMUS asper, new-coined, Suet. ib. Senec. Ep. 19. vetus vel tritus, old, &c. Some coins were indented, (serrati,) Tacit, de Mor. German. 5. Besides the ordinary coins, there were various medals struck to commemorate important events, properly called Medallions ; for what we commonly term Roman medals, were their currunt money. When an action deserved to be recorded on a coin, it was stamped and issued out of the mint. Money was coined in the temple of Juno Moneta ; whence our word money. The consuls at first are thought to have had the charge of it. But particular officers were afterwards created for that pur- pose. See p. 131. There are several Grecian coins mentioned by Roman writers, some of them equal to Roman coins, and some not ; DRACHMA, equal to a denarius: but some make it to be as nine to eight; M1NA, equal to 100 drachma*,, or to a Roman libra or pound of silver, Plin. xxi. 34. TALENTUM, equal to sixty mince, or Roman pounds : TETRADRACHMA vel -urn, equal to four drachma or denarii, as its name imports, Liv. xxxvii. 46. Cic. Fam. xii. 13. but Livy, according to the common reading, makes it three denarii, Liv. xxxiv. 52. OBOLUS, the sixth part of a denarius or drachma, Plin. xxi. 34. The Greek obolus was worth 1 penny \ and J- of a farthing, METHOD OF COMPUTING MONEY. 415 sterling. Six oboli made a drachma, 1 00 drachmae made a mina, and 60 minae, a talent. METHOD OF COMPUTING MONEY. The Romans usually computed sums of money by SESTERTII or SESTERTIA. Sestertium is the name of a sum, not of a coin. When a numeral noun is joined with sestertii, it means just so many sesterces ; thus decern sestertii, ten sesterces ; but when it is joined with sestertia, it means so many thousand sestertii ; thus, de- cern sestertia, ten thousand sesterces. SESTERTIUM, Mille sestertii, mille nummi, v. sestertii numtni ; mille sestertium, mille nummum vel sestertium, nummum mille ; H. S. . vel H. S. 2500 ceris, sc. asses ; 250 denarii vel drachma denote the same sum. When a numeral adverb is joined to sestertium, it means so many hundred thousand sestertii ; thus, quadragies sestertium is the same with quadragies centena millia sestertiorum nummorum, or quater mil- lies mille sestertii, four millions of sestertii. Sometimes the adverb stands by itself, and denotes the same thing ; thus, decies, vicies vel vigesies, sc. sestertium ; expressed more fully, decies centena, sc. mil- lia sestertium; Horat. Sat. i. 3. 15. Juvenal, x. 335. and complete- ly, Cic. Verr. i. 10. and ib.iil. 70. So also in sums of brass, decies ceris, sc. centena millia assium, Liv. xxiv. 11. For when we say de- ni ceris, centum ceris, &c. asses is always to be supplied. When sums are marked by letters, if the letters have a line over them, centena millia is understood, as in the case of the numeral ad- verbs ; thus, H. S. M. C. signifies the same with millies centies, i. e. 110,000,000, sestertii or nummi, 888,020/. : 16:8: whereas H. S. M. C. without the cross line, denotes only 1100 sestertii, 8/. : 17 : 7jd. When the numbers are distinguished by points in two or three orders, the first towards the right hand signifies units, the second thousands, and the third hundred thousands; thus, III. Xll. DC* HS. denotes, 300,000 ; 12,000, and 600 H. S. in all making 312,600 sestertii, 5047/. : 3 : 9. Pliny says, xxxiii. 3. that seven years before the first Punic war^ there was in the Roman treasury auri pondo XVI. DCCCX. argenti pondo, XXII. LXX. et in numerato, LXII. LXXV. CCCC. thatis ; 16,810 pounds of gold, 22,070 pounds of silver, and in ready mo- ney, 6,275,400 sestertii, 50,741/.: 10:2i. But these sums are otherwise marked, thus, auripondoXW. M. DCCCX, argenti XXII, M. LXX. et in numerato LXlT. LXXV. M. CCCC. When sestertium neut. is used, pondo is understood, that is, two pounds and a half of silver, or a thousand sestertii, Liv. xxii. 23. When H. S. or sestertium is put after decern millia or the like, it is in the genitive plural for sestertiorum, and stands for so many ses-> tertii, which may be otherwise expressed by decern sestertia, &c. But sestertium, when joined with decies or the like, is in the nominative or accusative singular, and is a compendious way of expressing de- 416 ROMAN ANTIQUITIES. cies centies sesterlium, i. e. decies centum vel decies centena millia set* tertium, v. sestertiorum. The Romans sometimes expressed sums by talents ; thus, decern millia talentum, and sesterlium bis millies et quadringenties, are equi- valent, Cic. Rabir. Post. 8. So 100 talents and 600,000 denari, Liv. xxxiv. 50 — or by pounds, (LIBRAE) pondo, i. e. pondere in the abla- tive, for these words are often joined, as we say pounds in weight ; and when PONDO is put by itself as an indeclinable noun, for a pound or pounds ; it is supposed even then by the best critics to be in the ablative, and to have libra or librce understood. (See Gronovius de pec. vet.), Plaut. Pseud, iii. 2. 27. Rud. iv. 2. 9. Men. iii. 3. 3. <&* 18. Macrob. Sat. iii. 15. Columel. xii. 20. 28. Liv. xxvi. 47. iii. 29. iv. 20. xxii. 23. Gell. ii. 24. xx. 1. Cic. Cluent. 64. Invent, ii. 40. Par ad. iii. 1. The Roman libra contained twelve ounces of silver, and was worth about 3/. sterling; the talent, nearly 193/. But the common computation was by sestertii or nummi. A SESTERTIUS is reckoned to have been worth of our money one petuiy 3f farthings; a QU1NARIUS or victoriatus, 3d. 31 q. a DENARIUS, 7d. 3q. the AUREUS, or gold coin, 16 s. lfd. a SES- TERTIUM, or a thousand sestertii, 8/. : 1 : b\ — ten sestertii, Is, 7d. l|q. — an hundred sestertii, 16s. Id. 3q. — ten sestcrtia, or 10,000 sestertii, SOl. : 14: 7. — an hundred sestertia, vel decies sesterlium, vel decies centena millia nummum, y.sestertium, or, 100,000 sestertii^ 8,072/. : 18 : 4.— Centies, vel Centies H. S. 80,729/. : 3 : 4 — Millies H. S. 807,291/.: 13: 4.— Millies Centies H. S. 8,072,916/.: 13: 4 : 16 : 8, &c. Hence we may form some notion of certain instan- ces on record of Roman wealth and luxury. Crassus is said to have possessed in lands bis millies, i. e. 1,614,583/. : 6 : 8, besides money, slaves, and household furniture, Plin. xxxiii. 10. s. 47. which may be estimated at as much more, (a/- terum tanium.) In the opinion of Crassus, no one deserved to be call- ed rich who could not maintain an army, Cic. Off. i. 8. or a legion, Plin. xxxiii. 10. — Seneca, ter millies, 2,421,875/., Tacit. Jinn. xiii. 42. — Pallas, the freedman of Claudius, an equal sum, Id. xii. 53. — Lentulus, the augur, quater millies, 3,229,166/. : 13:4. Senec. de bene/, ii. 27. — C. Caecilius Claudius Isidorus, although he had lost a great part of his fortune in the civil war, left by his will 4116 slaves, 3600 yoke of oxen, 257,000 of other cattle; in ready money, H. S. sexcenties, 484,275/., Plin. ib. Augustus received by the testaments of his friends quater decies milites, 32,291,666/. : 13:4. Suet. Aug. ult. He left in legacies to the Roman people, i. e. to the public, quadringenties, and to the tribes or poor citizens, (tribubus vel plebi,) Tricies quinquies, Suet, ibid. Tacit. Jinn. i. 8. Tiberius left at his death vigesies septies millies, 21.796.875/., which Caligula lavished away in less than one year, Suet. Cal. 37. Vespasian, at his accession to the empire, said, that to support the commonwealth, there was need of quadringenties millies. METHOD OF COMPETING MONEF. 417 322,916,666/. : 13 : 4, an immense sum ! more than the national debt of Britain!* Suet. Vesp. 16. The debt of Milo is said to have amounted to H. 5. septingenties. 565,104/. : 3 : 4, Plin. xxxvi. 15. s. 24. Caesar, before he enjoyed any office, owed 1300 talents, 251,875/. Plutarch. When, after his praetorship, he set out for Spain, he is reported to have said, Bis millies et quingenties sibi deesse, ut nihil ha- beret, i. e. that he was 2,018,229/. : 3 : 4. worse than nothing. A sum hardly credible! Appian. de bell. civ. ii. 432. When he first entered Rome in the beginning of the civil war, he took out of the treasury 1,095,979/., Plin. xxxiii. 3. and brought into it, at the end of the civil war, above 4,843,750/., (amplius sexies millies,) Veil. ii. 56. He is said to have purchased the friendship of Curio, at the beginning of the civil war, by a bribe of sexcenties sestertium, 484,373/., Bio. xl. 60. VaL Max. ix. 1 . 6. VeL Pat. ii. 48. and that of the consul, L. Paulus, the colleague of Marcellus A. U. 704, by 1 500 talents, about 279,500/., Appian. B. C. ii. 443. Plutarch, in Cm. # Pomp. & Suet. Cces. 29. Of Curio Lucan says, Hie vendidit ur» hem, iv. ult. Vendli Curio lingua, i. 269. and Virgil, as it is thought, Vendidit hie auro patriam, JEn. vi. 621. But this Curio afterwards met with the fate which as a traitor to his country he deserved, being slain by Juba in Africa, Dio. x!i. 42. Lybicas en nobile corpus pas- tit aves ! nullo contectus Curio busto, Lucan. iv. 809. Antony, on the Ides of March, when Caesar was killed, owed quadringeuiies, 322,916/. : 13 : 4, which he paid before the kalends of April, Cic, Phil. ii. 37. and squandered of the public money, sestertium septies millies, 5,651,041/. : 13 : 4, Cic. Phil. v. 4. xii. ol Cicero at first charged Verres with having plundered the Sicilians of sestertium millies, in Caecil. 5. but afterwards exacted only quad- rmgenties, Actio in Verr. 1 8. Apicius wasted on luxurious living sexcenties sestertium, 484,375/.; Seneca says, sestertium millies in culinam consumpsit, and being at last obliged to examine the state of his affairs, found that he had re- maining only sestertium centies, 80,729/. : 3 : 4 ; a sum which he thought too small to live upon, and therefore ended his days by poi- son, Se.nec. consol. ad Hclv. 10. Martial, iii. 22. Dio. Ivii/l9. Pliny says, that in his time Ltfllia Paulina wore, in full dress, jew- els to the value of quadragies sestertium, 32,201/. : 13 : 4, or as others read the passage, quadringenties sestertium, 322,916/. : 13 : 4. Plin. x. 35. s. 51. Julius Caesar presented Servilia, the mother of M. Brutus, with a pearl worth sexagies sestertia, 48,417/. : 10. Suet. Cces. 50. Cleopa- tra, at a feast with Antony, swallowed a pearl dissolved in vinegar worth centies, H S. 80,729/. :-3 : 4 ; Plin. ibid. Macrob. Sat. ii. 13. Clodius, the son of iEsopus. the tragedian, swallowed one worth de- cies. 8072/. : 18 : 4 ; VaL Max. ix. 1. 2. Horat. Sat. ii. 3. 239. So Caligula, Suet. 34. * *" toejwr 1791, when this book was first published. All these sums i mated m sterling; mon 418 ROMAN ANTIQUITIES. A single dish of iEsop's is said to have cost an hundred scstertia, Plin. x. 51. s. 72. xxxv. 12. Caligula laid out on a supper, centies H. S. — 80,729/. : 3 : 4. Senec. Helv. 9. and Heliogabalus, t cities H. S. — 24.218/. : 15. Lam- prid. 27. The ordinary expense of Lucullus for a supper in the hall of Apollo, was 50,000 drachma, /. 1614 : 11 : 8. Plutarch, in Lucull. Even persons of a more sober character were sometimes very ex- pensive. Cicero had a citron-table which cost him H. S. decies ; and bought the house of Crassus with borrowed money for H. S. xxxv. i. e. tricies quinquies, 24,218/. : 15. Plin. xiii. 15. vii. 38. Cic. Fam. v. 6. This house had first belonged to the Tribune M. Livius Drusus ; who, when the architect promised to build it for him in such a man- ner that none of his neighbours should overlook him, answered, , to carve,) whereby they represented several things by one figure. The Egyptians and Phoenicians contended about the honour of having invented letters, Tacit. Ann. xi. 14. Plin. vii. 56. Lucan. iii. 220. Cadmus, the Phoenician, first introduced letters into Greece near 1500 years before Christ, Herodot. v. 58. then only sixteen in num- ber, <*, /3, v, J\ c, /, », a, ft, v, 0, w, £, (7-, t v. To these, four were added by Palamedes, in the time of the Trojan war, 3-, £ , 3^<«<, i. e. libri e membranis facti, Att. xiii. 24. Some read St^S-e^*^ i. e. pelles, by a metonymy, for libri pelhbus tccti, vel inpellibus scripti. See Manutius. Difhthera Jovis is the register book of Jupiter, made of the skin of the goat Amalthea, by whose milk he was nursed, on which he is supposed by the poets to have written down the actions of men. Whence the proverb, Diph- theram sero Jupiter inspexit ; and Antiquiora diphtherd, Erasm. in Chiliad. Vid. Politic, vii. 15. JElian. ix, 3. To this Plautus beautiful- ly alludes, Rud. prol. 21. The skins of sheep are properly called parchment ; of calves VELLUM, (quasi Vitulinum, sc. corium.) METHOD OF WRITING. 425 Most of the ancient manuscripts which remain are written on parchment, few on the papyrus. Egypt having fallen under the dominion of the Arabs in the se- venth century, and its commerce with Europe and the Constantinopo- litan empire being stopped, the manufacture of paper from the papy- rus ceased. The art of making paper from cotton or silk, (charta bombycina,) was invented in the ea>t about the beginning of the tenth century ; and in mitation of it, from linen rags, in the fourteenth cen- tury. Coarse brown paper was first manufactured in England, A. 1588; for writing and printing, A. 1 690 5 before which time about 100,000/. are said to have been paid annuaily for these articles to France and Holland, The instrument used for writing on waxen tables, the leaves or bark of trees, plates of brass or lead, &c. was an iron pencil, with a sharp point, called STYLUS, or GRAPHIUM. Hence Siilo ab- stineo, I forbear writing, Plin. Ep. vii. 21. On paper or parchment, a reed sharpened and split in the point, like our pens, called CA- LAMUS, Arun do, jislula vel carina, which they dipt in ink, (atramen- to intingebant,) as we do our pens, Cic. Att. vi. 8. Ad. Q. fr. ii. 15. Ptrs. iii. 11. & 14. Horat. Art. p. 246. Plin. xvi. 36. s. 64. Sepia, the cuttle fish, is put for ink, Pers. ib. because when afraid of being caught, it emits a bl ack matter to conceal itself, which the Romans sometimes used for ink, Cic. de Nat. D. ii. 20. Ovid, Ha- Heut. 18. The ordinary writing materials of the Romans were tablets co- vered with wax, paper, and parchment. Their stilus was broad at one end ; so that when they wished to correct any thing, they turn- ed the stilus, and smoothed the wax with the broad end, that they might write on it anew : Hence scepe stilum vertas, make frequent corrections, Horat. Sat. i. 10. 72. An author, while composing, usually wrote first on these tables for the convenience of making alterations ; and when any thing ap- peared sufficiently correct, it was transcribed on paper or parchment^ and published, Horat. Sat. ii. 3. 2. It seems one could write more quickly on waxen tables than on paper, where the hand was retarded by frequently dipping the reed in ink, Quinctilian. x. 3. 30. The labour of correcting was compared to that of working with a file, (limce labor ;) hence opus limare, to polish, Cic. Orat. i. 25. li- marc de aliquo, to lop off redundancies, Id. iii. 9. supremam limamope- riri, to wait the last polish, Plin. ep. viii. 5. lima mordacius uti, to correct more carefully, Ovid. Pont. i. 5. 19. Liber rasus limd ami- ci, polished by the correction of a friend, Id. ii. 4. 17. ultima lima defuit meis scriptis, Ovid. Trist. i. 6. 30. i. e. summa manus operi defuit vel non imposita est the last hand was not put to the work, it was not finished; metaph. vel translat. a picturd, quam manus com- plel utque ornat suprema, Serv. in Virg. Mn. vii. 572. or of beating on an anvil ; thus, Et ma'e tornatos (some read formatos) incudi red- dere versus, to alter, to correct, Horat. Art. p. 441. uno oper? eandem incudem diem noctemque tundere, to be always teaching the 54 426 ROMAN ANTIQUITIES. same thing, Cic. Orat. ii. 39. Ablatum mediis opus est incudibm Mud, the work was published in an imperfect state, Ovid. Ibid. 29. The Romans used also a kind of blotting or coarse paper, or parchment, (charta deletitia) called Palimsestos, (oczfocm^, rursus, et $*», rado,) vel palinxestus, (a |e*, rado,) on which they might easily erase (delere) what was written, and write it anew, Martial, xiv. 7. Cic. Fam. vii. 18. But it seems this might have been done on any parchment, Horat. Art. p. 389. They sometimes varied the expres- sion by interlining, (suprascripto,) Plin. ep. vii. 12. The Romans used to have note-books, (ADVERSARIA, -orum,) in which they marked down memorandums of any thing, that it might not be forgotten, until they wrote out a fair copy ; of an account, for instance, or of any deed, (ut ex Us just ce tabulae conficerentur) Cic. Rose. Com. 2. & 3. Hence referre in adversaria, to take a memo- randum of a thing, ib. The Romans commonly wrote only on one side of the paper or parchment, and always joined (agglutinabant) one sheet (scheda) to the end of another, till they finished what they had to write, and then rolled it up on a cylinder or staff; hence VOLUMEN, a vo- lume, or scroll ; evolvere librum, to open a book to read, Cic. Tusc. i. 11. Top. 9. animi sui complicatam notionem evolvere, to unfold, to explain, Off. iii. 19. An author generally included only one book in a volume, so that usually in a work, there was the same number of volumes as of books. Thus Ovid calls his 15 books of Metamorphoses, mutatce ter quinque volumnia formcz, Trist. i. 1. 117. So Cic. Tusc. iii. 3. Att. ix. 10. Fam. xvi. 17. When the book was long, it was sometimes divided into two volumes : thus, Studiosi tres, i. e. three books on Rhetoric, in sex volumina propter amplitudinem divisi, Plin. ep. iii. 5. Sometimes a work, consisting of many books, was contained in one volume ; thus, Homerus totus in uno volumine, i. e. forty-eight books, Ulpian, I. 52. D. de legat. iii. Hence annosa volumina vatum, aged books, Horat. ep. ii. 1. 26. Peragere volumina, to com- pose, Plin. ib. When an author, in composing a book, wrote on both sides (mi utraque pagina) of the paper or parchment, it was called OPISTO- GRAPHUS, vel -on, Plin. ib. i. e. scriptus et in tergo, (ex o*-irB-tT, a tergo, et y %<*•§*, scribo,) Juvenal, i. 1. 6. in charta aversd, Martial. viii. 62. in very small characters, (minutissimis, sc. Uteris,) Plin. ib. When a book or volume was finished, a ball or boss (bulla) of wood. bone, horn, or the like, was affixed to it on the outside, for security and ornament, (ad conservationem et ornatum,) called UMBILICUS, from its resemblance to that part of the human body ; hence Adum* bilicum adducere, to finish, Horat. epod. xiv. 8. ad umbilicos pervenire, Martial, iv. 91. Some suppose this ornament to have been placed in the middle of the roll, Schol. in Horat. but others, at the end of the stick, (bacillus, vel surculus, on which the book was rolled, or rather at both ends, called Cornua, Ovid. Trist. i. 1. 8. Martial. xi. 108, hence we usually find umbilici in the plur. Catull. xx. 7. Martial, i. 67. iii. 2. 5. 6. viii. 61 , and inStatiw, Silv, iv. 9. 8. bini' ronbilicis decoraivs fiber. •METHOD jpF WRITING, 427 Umbilicus is also put for the centre of any thing, as navel in English; thus, Delphi umbilicus Grcecice, Liv. xxxv. 18. — 41.23. orbis terrarum, Id. xxxviii. 47. Cic. divin. ii. 56. So Cic. Verr. iv. 48. Cutilice lacus, in quo jluctuet insula, Italia umbilicus, Plin. iii. 13. s. 17. and for a shell or pebble, Cic. Orat, ii. 6. The Romans usually carried with them, wherever they went, small writing tables, called PUGILLARES, vel -ia (quod non ma- jores, erant quam quae pugno, yel pugillo comprehenderentur, vel quod in iis stilo pungendo scibebatur), by Homer, st/v***^ //. vi. 169. hence said to have been in use before the time of the Trojan war, plin, xiii, 11. on which they marked down any thing that occurred, Plin, ep, i. 6. Ovid, Met. ix. 520. either with their own hand, Plin. viii. 9. or by means of a slave, called from his office, NOTARIUS, Id, iii. 5. or Tabellarius, Cic, Phil, ii. 4. The pugillares were of an oblong form, made of citron, or box- wood, or ivory, also of parchment, covered with coloured or white wax, Ovid. Amor, i. 12. 7. Martial, xiv. 3. containing two leaves, (duplices, ^i-srrv^i,) three, four, five, or more, Martial, ib, with a small margin, raised all round, as may be seen in the models of them which still remain. They wrote on them (exarabant) with a stilus ; hence Ceris et stylo incumbere, for in pugillaribus scribere, Plin. Ep. vii. 27. Remittere stilum, to give over writing, ib. As the Romans never wore a sword or dagger in the city, Plin, xxxiv. 14. s. 39. they often, upon a sudden provocation, used the graphium or stilus, as a weapon, Suet, Cces, 12. C. 28. CI, 15. 35. Senec. de clem. i, 14. which they carried in a case, (theca calamaria aut graphiaria, vel graphiarium.) Martial, xiv. 21. Hence proba- bly the stiletto of the modern Italians. What a person wrote with his own hand, was called CHIRO- GRAPHUS, vel -um, Cic. Fam. xii. 1. xvi. 21. Suet. Jul. 17. Aug. 87. which also signifies one's hand or hand-writing, Cic. Phil. ii. 4. Fam, ii. 13. x. 21. Att. ii. 20. Nat. D. ii. 74. Versus ipsius chiro- grapho scripti, with his own hand, Suet, Ner. 52. Chirographum alicujus imitari, Id. Aug. 64. Tit. 3. But chirographum commonly signifies a bond or obligation which a person wrote, or subscribed with his own hand, and sealed with his ring, Juvenal, xiii. 137. Suet. Cal. 11. When the obligation was signed by both parties, and a copy of it kept by each, as between an undertaker and his employer, &c. it was called SYNGRAPHA, -us, vel -um, Ascon. in Verr. i. 36. Plaut. Asin. iv. 1. which is also put for a passport or furlough, Plant, Cap, ii. 3. 90. A place where paper and instruments for writing, or books, were kept, was called SCRINIUM, vel CAPSA, an escritoir, a box or case, {arcula, vel loculus,) Horat. Sat. i. 1. f. 4. 22. and 10. 63. common- ly carried by a slave, who attended boys of rank to school, Juvenal, x. 117. called Capsarius, Suet. Ner. 36. or Librarius, Id. CI. 35. together with the private instructor, P^dagogus, Ibid, also for the most part of servile condition, Plaut. Bacch, 1. 2. distinguished from the public teacher, called PRECEPTOR, Plin. Ep. iv. 13. Senec, de Ir, ii. 22. Doctor, vel Magister, Id. paneg. 47. but not proper- ly Dominus, unless used as a title of civility, as it sometimes was., 42a ROMAN ANTIQUITIES. Suet, CI. 21. Tacit. Ann, ii. 87. especially to a person whose name was unknown or forgotten, as Sir among us, Senec. ep. iii. 47. thus, Domina is used ironically, for mistress or madam, Ter. Heaut. iv. 1. 15. Augustus would not allow himself to be called Dominus, Suet, 53. nor Tiberius, Id. 27, because that word properly signifies amas- ter of slaves, (qui domi praest vel imperat,) Ter. Eun. iii. 2. 33. An under-teacher was called Hypodidasculus, Cic. Fan. ix. 18. Boys of inferior rank carried their satchels and books themselves, (lavo suspensi loculos tabulamque lacerto,) Hor. Sat. i. 6. 74. When a book was all written by an author's own hand, and not by that of a transcriber, (manu librarii.) it was called AUTOGRA- PHUS, Suet. Aug. 71. 87. or Idiographus, Gell. ix. 14. The memoirs which a person wrote concerning himself or his ac- tions, were called Commentarii, Cces. fy Cic. Brut. 75. Suei. Cats. 56. Tib. 61. also put for any registers, memorials, or journals, (Dia- ria ephemertdes, acta diurna, fyc.) Cic. Fam. v. 12. f. viii. 11. Phil, i. 1. Verr. v. 21. Liv. i. 31. & 32. xlii. 6. Suet. Aug. 64. Plin. ep. vi. 22. x. 96. Memorandums of any thing, or extracts of a book, were called Hypomnimata, Cic. Att. xvi. 14. 21. Also Commenta- tiii, electorum vel excerptorum, books of extracts, or common-place books, Plin. ep. iii. 5. When books were exposed to sale by booksellers, (bibliopola,) they were covered with skins, smoothed with pumice stone, Horat. ep. i. 20. Plin. xxxvi. 21. s. 42. CatulL xx. 8. Tibull. iii. 1.10. When a book was sent any where, the roll was tied with a thread, and wax put on the knot, and sealed ; hence signata volumina, Ho- rat. ep. i. 13. So letters, Cic. Cat. iii. 5. The roll was usually wrapt round with coarser paper, or parchment, Plin. xiii. 11. or with part of an old book, to which Horace is thought to allude, Ep. i. 20. 13. Hence the old Scholiast on this place, Fient ex te opistogra- pha literarum, so called, because the inscription written on the back, showed to whom the letter or book was sent. Julius Caesar, in his letters to the senate, introduced the custom of dividing them into pages, (pagince.) and folding them into the form of a pocket-book, or account-book, (libellus memorialise vel rationalist with distinct pages, like our books ; whereas formerly Consuls and Generals, when they wrote to the senate, used to continue the line quite across the sheet, (transversa chartd,) without any distinction of pages, and rol! them up in a volume. Suet. Cxs. 56. Hence, after this, all applications or requests to the emperors, and messages from them to the senate, or public orders to the people, used to be written and folded in this form, called LI BELLI, See p. 20. Suet, Aug. xlv. 53. Tib. xviii. 66. CI. 15. X. \5. Domit. 17. Martial, viii. 31. 82. or Codicilli, Tacit. Ann. xvi. 24. Suet, Tib. xxii. 42. Cal. 18. CI. 29. rarely used in the singular ; applied chiefly to a person's last will, Sec p. 61. also to writing tables, the same with pugillares, or to letters wriiten on them, Cic. Phil. viii. \0. Fan. iv. 12. vi. 18. ix. 26. Q. fr. ii. 11. Suet. CI. 5. N. 49. A writ conferring any exclusive right or privilege was called DI- PLOMA, (i. e. libellus duplicatus, vel duorum foliorum, consisting of two leaves, written on one side,) granted by the Emperor, or anv METHOD OF WRITING. 429 Roman magistrate, similar to what we call Letters patent, i. e. open to the inspection of all, or a patent, Cic. Fam. vi. 1 2. Att. x. 1 7. Pis. 37. Senec. ben. vii. 10. Suet. Aug. 50. Cal. 38. Ner. 12. Oth. 7. given particularly to public couriers, or to those who wished to get the use o. the public horses or carnages for despatch, Plin, ep. x. 54. 55. 121. Any writing, whether on paper, parchment, tablets, or whatever materials, folded like our books, with a number of distinct leaves above one another, was caiied CODEX, (rjuasi caudex, plurium ta~ bularum contextus, Senec. de brev. vit. 13. Cic. Ver. i. 36. 46. &; Ascon. in loc.) particularly account-books ; tabulce, vel Codices, ac- ceptiet expensi, Cic. Rose. Com. i. 2. &c. Verr. ii. 61. librior libel- li. Thus we say, liber and volumen, of the same thing, Quinctil. ix, 4. f. liber grandi volumine, Gell. xi. 6. but not codex. Legere vel recitare suum codieem, the crime of the tribune Cornelius, who read his own law from a book in the assembly of the people, when the he- rald and secretary, whose office that was, (See p. 85. &i 154.) were hindered to do it by the intercession of another tribune, Ascon. in Conrel. Cic. Vat. 2. Quinctil. iv. 4. Hence, in after times, Codex was applied to any collection of laws, See p. 191. All kinds of writings were called LITERS, Cic. passim: Hence Quam vellem nescire literas, I wish I could not write, Suet. Ner. 10. Senec. Clem. 1. but liters is most frequently applied to epistola- ry writings, (EPISTOL^E, vel charted epistolares,) Cic. used in this sense by the poets, also in the sing. Ovid. Pont. i. 7. & 9. ii. 7. iv. 8. Ep. xviii. 9. xix.^m. fy xx\.Ji?i. so in a negative form, Cic. Att. xiii. 39. Fam.i'i. 17, Arch. 8. Verr. i. 36. or for one's hand-writing, (manns,) Cic. Att. vii. 2. But in prose, litera commonly signifies a letter of the Alphabet. Epistola was always sent to those who were absent, Cic* Q.fr. i. 1. 13. iii. 1.3. Fam. i. 7. ii. 4. Codicilli were also given to those present, Tacit. Ann. iv. 39. Senec. ep. 55. So Libelli, Suet. Aug. 84. The Romans, at least in the time of Cicero, divided their letters, if long, into pages, Cic. Att. vi. 2. Q.fr. i. 2. 3. Fam. ii. 13. xi. 25. and folded them in the form of a litt'e book, Senec. ep. 45. tied them round with a thread, (lino obligabunt,) Cic. Cat. iii. 5. Ovid, ep. xviii. 28. as anciently, Nep. Pans. 4. Curt. vii. 2. covered the knot with wax, or with a kind of chalk (creta), Cic. Flacc. 16. Verr. iv. 26. and sealed it, (obsignabant,) Plaut. Bacch. iv. 4. 64. 96. first wetting the ring with spittle, that the wax might not stick to it. Ovid. Trist.v. 4. 5. Amor. ii. 15. 15. Juvenal, i. 68. Hence epistolam vel literas resignare, aperire, vel solvere, to open, Nep. Mann. 11. Cic. Att. xi. 9. resolvere, Lav. xxvi. 15. If any small postcript re- mained, after the page was completed, it was written crosswise (trans- versim) on the margin, Cic. Att. v. 1. In writing letters the Romans always put their own name first, and then that of the person to whom they wrote, Anson, ep. 20. some- times with the addition of SUO. as a mark of familiarity or fondness, Cic. $• Plin. Martial, xiv. 11. if he was invested with an office, that likewise was added ; but no epithets, as among us, unless to particu- ;0 ROMAN ANTIQUITIES. * lar friends, whom they sometimes called Humanissimi, optimi, cissimi, animce sua, &c. Cic. & Plin. passim. They always annexed the letter S. for SALUTEM, sc. dicit, wishes health ; as the Greek, x<*'P t,v i or the like : so Horace, Ep. i. 8. Hence salutem alicui mittere, Plaut. Pseud, i. 1. 39. Ovid. Her. xvi. 1. xviii. 1. &c. multum, vel plurimam dicere, adscribere, dare, impertire, nuntiare, referre, &c. as we express it, to send compliments, &c. Cic, Fam, xiv. 1. Att, xvi. 3. They used anciently to begin with, Si vales, bene est, vel gau- deo, ego valeo, Senec, ep. i. 15. Plin. ep. u 11. Cic. Fam, v. 9. 10. xiv. 8. 11, &c. which they often marked with capital letters, Hirt, B, Hisp, 26. They ended with Vale, Ovid. Trist, v. 13. 33. Cura ut valeas ; sometimes ave or salve to a near relation, with this addition, mi anime, mi suavissime, &c. They never subscribed their name, as we do, but sometimes added a prayer for the prosperity of the person to whom they wrote ; as, Deos obsecro ut te conservent, Suet. Tib. 21. which was always done to the Emperors, Dio. lvii. 1 1. and called Subscriptio, Suet. Tib. 32. The day of the month, sometimes the hour, was annexed, Suet. Aug. 50. Letters were sent by a messenger, commonly a slave, called TA- BELLAR1US, Cic. for the Romans had no established 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 Mutina, Hirtius and Octavius wrote letters on thin plates of lead, which they sent to him by means of divers, (urinatores,) and so received his answer, 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 keep secret, always made use of the fourth letter after that which he ought to have used ; as d for a, e for b, &c. Suet. Caes. 56, Dio. xl. 11. Augustus used the letter following, Dio. li. 3. as b for a, and c for b; for z, aa, Suet. Aug. 88. Isidor. i. 24. So that those only could understand the meaning, who were instructed in their method of writing, Gel. xvii. 9. The Romans had slaves or freedmen who wrote their letters, call- ed ab epistolis, Suet. Claud. 28. (a manu, vel amanuenses.) Suet. Cais, 74. Aug. 67. Vesp. Tit. i. 3. and accounts, (rationibus, vel ratiocinatores, Cic. Att. i. 12. Suet. Claud. 28.) also who wrote short-hand, (Actuarii, Suet, Jul. 55. vel Notarii, Senec. Ep. 90.) as quickly as one could speak ; Currant verba licet, manus est velo- cior Mis, Martial, xiv. 208. on waxen tables, Auson. Ep. 146. 17. Manil. iv. 195. sometimes put for amanuenses, Plin. Ep. iii. 5. ix. 36. who transcribed their books, (Librarii,) Cic. Att. xii. 3. Liv. xxxviii. 55. who glued them, (glutinatores, Cic. Att, iv. 4. vul- garly called librorum concinnatores vel compactores, /3?y«>, book- binders ;) polished them with pumice stone, (pumice poliebant, vel latvigabant, Ovid. Trist. i. 1. 9. iii. 1. 13.) anointed them with the juice of cedar, (cedro illinebant,) to preserve them from moths and rottenness, (a tineis et carie) Ibid. & Plin. xiii. 12. Martial, iii. 2. v. 6. viii. 61. Hence carmina cedro linenda, worthy of immortality. METHOD OF WRITING. 431 Horat. Art. p. 332. So Pers. i. 42.) and marked the titles or index with vermilion, (Minium, v. cinnabaris, Ovid. Ibid. Plin. xxxiii. 7.) purple, (coccus vel purpura,) Martial, ib. red earth, or red ochre, (rubrica,) see p. 192. who took care of their library, (a bie- liotheca,) Cic. Fam. xiii. 77. assisted them in their studies, (a stu- diis, Suet, Cal. 28.) read to them, (Anagnost^, sing, -es, Cic. Att. i. 12. Fam. v. 9. Nep. Att. 14. Lec tores, Suet. Aug. 78. Plin. Ep. viii. 1.) The freedmen, who acted in some of these capacities under the Emperors, often acquired great wealth and power. Thus Narcissus, the secretary (ab epistolis, vel secretis), of Claudius, and Pallas, the comptroller of the household, (a rationibus,) Suet. Claud. 28. So the master of requests, (a libellis,) Suet. Dom. 14. Tacit. Ann. xv. 35. xvi. 8. The place where paper was made, was called OFFICINA charta- ria, Plin. xviii. 10. where it was sold, TABERNA ; and so Of- ficinje armorum, Cic. Phil. vii. 4. Cyclopum, workhouses, Horat. i. 4. 8. Sapienti^, Cic. legg. i. 13. omnium artium, eloquen- licB, vel dicendi, schools, Id. Orat. 13. Fin. v. 3. But officina fyta~ berna are sometimes confounded, Plin. x. 43. s. 60. A warehouse for paper, or books, or any merchandise, Apotheca ; a bookseller's shop, Taberna libraria, Cic. Phil. ii. 9. or simply Libraria, Gell. v. 4. Librarium, a chest for holding books, Cic. Mill. 12. The street in Rome, where booksellers (biliopolce) chiefly lived, was called Argiletus, Mart. i. 4. or that part of the forum or street, called Janus ; where was a templer or statue of the god Vertumnus, Horat. Ep. i. 20. 1 . LIBRARIES. A great number of books, or the place where they were kept, was called BIBLIOTHECA, a library, Festus. The first famous library was collected by Ptolemy Philadelphus at Alexandria in Egypt, B. C. 284. containing 700,000 volumes, Gell. vi. 17. the next, by Attalus, or Eumenes, king of Pergamus, Plin. xiii. 12. Adjoining to the Alexandrian library, was a building, called MU- SEUM, (i. e. domicilium, specus vel templum musis dicatum,) Plin. Ep. i. 9. for the accommodation of a college or society (rwofos) of learned men, who were supported there at the public expense, with a covered walk and seats, (exedrce,) where they might dispute, Strab. 3 7. An additional museum was built there by Claudius, Suet. Claud, 42. Museum is used by us for a repository of learned curiosities ; as it seems to be by Pliny, xxvii. 9. s. 6. A great part of the Alexandrian library was burnt by the flames of Caesar's fleet, when he set it on fire to save himself, Plutarch, in Cozs. (v 5 Dio. 42. 38. but neither Caesar himself nor Hirtius mention this circumstance. It was again restored by Cleopatra, who, for that purpose, received from Antony the library of Pergamus, then con- sisting of 200,000 volumes, Plutarch, in Anton. It was totally destroy- ed by the Saracens, A. 642, 432 ROMAN ANTIQUITIES. The first public library at Rome, and in the world, as Pliny ob- serves, was erected by Asinius Pollio, Plin. vii. 30. xxxv. 2. in the Atrium, of the temple of Liberty, Ovid. Trist. iii. 1. 71. on Mount Aventine, Mart. xii. 3. 5. Augustus founded a Greek and Latin library in the temple of Apollo on the Pa atine hill, Suet. 39. Dio. liii. 1 . and another, in name of his sister Octavia, adjoining to the theatre of Marcellus, Plu- tarch, in Marcell. Ovid. Trist. iii. 1. 60. & 69. There were several other libraries at Rome ; in the Capitol, Suet, Dom. 20. in the temule of Peace, Gell. xvi. 8. in the house of Tibe- rius, Gell. xiii. 18. &c. But the chief was the Ulpian library, insti- tuted by Trajan, Gell. xi. 17. which Dioclesian annexed as an orna- ment to his Thermm, Vopisc. in Prob. 2. Many private persons had good libraries, Cic. Fam. vii. 28. Q.fr. iii. 4. Ait. iv. 10. Plutarch, in Lucull. Senec. de tranq. 9. Horat. od. i. 29. 13. particularly in their country villas, Cic* Fin. iii. 2. Martial. vii. 16. Plin. ep. ii. 17. Libraries were adorned with statues and pictures, Suet. Tib. 70. Plin. ep. iii. 7. iv. 28. particularly of ingenious and learned men, Plin. xxxv. 2. Juvenal, ii. 7. the walls and roofs with glasses, Boeth. Consol. Plin. xxxvi. 25. Senec. ep. 86. Stat. Silv. i. 5. 42. The books were put in presses or cases, (Armaria vel CArs^,) along the walls, which were sometimes numbered, Vopisc. Tac. 8. called also Foruli, Suet. Aug. 31 . Juvenal, iii. 219. Loculamenta, Senec. tranq. 9. Nidi, Martial, i. 118. but these are supposed by some, to denote the lesser divisions of the cases. The keeper of a library was called a Bibliotheca ; Bibliotheca- rius is used only by later writers. HOUSES of the ROMANS. The houses of the Romans are supposed at first to have been no- thing else but cottages, (casce, vel tuguria,) thatched with straw, Ovid. Amor. ii. 9. 18. hence CULMEN. the roof of a house, (quod culmis tegebatur,) Serv. in Virg. Eel. i. 6. Mn. viii. 654. After the city was burnt by the Gauls, it was rebuilt in a more so- lid and commodious manner ; but the haste in building prevented at- tention to the regularity of streets, Liv. v. 55. Diodor. xiv. 119. The houses were reared every where without distinction, nulla distinctione passim erectce), Tacit. Ann. xv. 43. or regard to proper- ty, (omisso sui alienique discrimine, aded ut forma urbis esset occupatm magis, quam divisa similis,) where every one built in what place he chose, Liv. ib. and till the war with Phyrrus, the houses were cover- ed only with shingles, or thin boards, (SCANDULiE, vel scindulce, i. e. tabellce, in par v as laminas scissce.) Plin. xvi. 10. s. 15. It was in the time of Augustus that Rome was first adorned with magnificent buildings ; hence that Emperor used to boast, that he had found it of brick, but should leave it of marble ; Marmoream se relinquere, quam lateritiam accepisset. Suet. Aug. 29. The streets, however, still were narrow and irregular, Suet. JVer. 38. Tacit. Ann. xv. 38. and private houses, not only incommodious, but even dange- rous, from their height, and being mostly built of wood, Juvenal, ir. HOUSES OF THE ROMANS. 433 l$3. &c. Scalis habito tribus, sed altis, three stories high, Martial, i. 118. In the time of Nero, the city was set on fire, and more than two- thirds of it burnt to the ground : Of fourteen wards {re gi ones), into which Rome was divided, only four remained entire, Tacit. Ann, xv. 40. Nero himself was thought to have been the author of this con- flagration. He beheld it from the tower of Maecenas, and delighted, as he said, with the beauty of the flame, played the taking of Troy, drestlike an actor, Suet. 38. Tacit. Ann. xv. 39. 40. 44. The city was rebuilt with greater regularity and splendour. The streets were made straight and broader. The areas of the houses were measured out, and their height restricted to 70 feet, as under Augustus, Strab. v. p. 162. Each house had a portico before it, fronting the street, and did not communicate with any other by a common wall as formerly. It behoved a certain part of every house to be built of Gabian or Alban stone, which was proof against fire, {ignibus impervius,) Tacit. Ann. xv. 53. These regulations were subservient to ornament as well as utility. Some, however, thought that the former narrowness of the streets, and height of the houses, were more conducive to health, as prevent- ing by their shade the excessive heat, Ibid. Buildings, in which several families lived, were called INSULA ;' houses in which one family lived, DOMUS, vel Mbes private,' Suet.Ner. xvi. 38. 44. Tacit. Ann. vi. 45. xv. 41. See p. 55. We know little of the form either of the outside or inside of Ro- man houses, as no models of them remain. The small house dug out of the ruins of Pompeii bear little or no resemblance to the houses of opulent Roman cizens. The principal parts were, 1. VESTIBULUM, which was not properly a part of the house* hut an empty space before the gate, through which there was an ac- cess to it, Gell. xvi. 5. Cic. Ccesin. 12. Plant. Most. iii. 2. 130. The vestibule of the golden palace (aurea domus) of Nero, was so large, that it contained three porticos, a mile long each, and a pond like a sea, surrounded with buildings like a city, Suet. Mr. 30. Here was also a colossus of himself, or statue of enormous magni- tude, 120 {eet high, See p. 294. 2. JANUA, ostium, vel fores, the gate, (Porta murorum et cas- trorum ; Janua parietis et domorum,) made of various kinds of wood, cedar, or cypress, Virg. G. ii. 442. elm, oak, &c. Ovid. Met. iv. 487. Amor. ii. 1. 25. sometimes of iron, Plant. Pers. iv. 4. 21* or brass, Plin. xxxiv. 3. and especially in temples, of ivory and gold, Cic. V err. iv. 56. Plin. viii. 10. The gate was commonly raised above the ground, so that they had to ascend to it by steps, Virg. JEn. ii. 492. Sen. ep. 84. The pillars at the sides of the gates, projecting a little without the wall, were called ANT/E. and the ornaments affixed to them, wrought in wood or stone, A:\tepagmenta, Fcstus. When the gate was opened among the Romans, the folds (valv*:. quodintus revolvantur) bent inwards, unless it was granted to any one 00 % 434 ROMAN ANTiqjUiTlJL. "by a special law to open his door outward ; as to P. Valerius Po- plicola, and his brother, who had twice conquered the Sabines, (ut domus eorum fores extra aperirentur,) Plin. xxxvi. 15. after the manner of the Athenians, whose doors opened to the street, (in pub- licum;) and when any one went out, he always made a noise, by striking the door on the inside, to give warning to those without, to keep at a distance: Hence Crepuit foris, Concrepuit a Glycerio ostium, the door of Glycerium hath creaked, i. e. is about to be opened; Ter. And, iv. 1. 59. Hec, iv. 1. 6. Plant, Amph. i. 2. 34. This the Greeks called ^«pe iv 6vp*v 9 and knocking from without, K»7FTBtv, pulsare vel pultarc, A slave watched (servabat) at the gate as porter, (JANITOR,) Ovid, Fast, i. 138. hence called OST1AR1US, puer ab janua, Nep, Han, 12. Claustritumus, Gell. xii. 10. usually in chains, (cate- natus,) Columel, praef. Ovid. Am. i. 6. I. & 25. which when eman- cipated, he consecrated to the Lares, Horat. i. 5. Q5, or to Saturn, Mart. iii. 29. armed with a staff or rod, (arundo, vel virga,) Senec. de Const. 14. and attended by a dog, likewise chained, Suet. Vit. 16. Senec. de Ira. iii. 37. On the porter's cell, was sometimes this in- scription, Cave canem, Petron. 29. Plant, Most. iii. 2. 162. Dogs were also employed to guard the temples, Cic. Sext. Rose. 20. Arnob. vi. and because they failed to give warning, when the Gauls attacked the Capitol, Liv. v. 47. a certain number of them were annually carried through the city and then impaled on a cross, Plin. xxix. 4. Females also were sometimes set to watch the door, (Janitrices,) usually old women, Plant, Cure. i. 1 . 76. Tibull, i. 7. 67. Petron. 55, On festivals, at the birth of a child or the like, the gates were adorned with green branches, flowers, and lamps, Juvenal, ix. 85. xii. 91. as the windows of the Jews at Rome were on Sabbaths, Se- nec. 95. Pers. v. 180. Before the gate of Augustus, by a decree of the senate, were set up branches of laurel, as being the perpetual conqueror of his enemies; Ovid. Trist, iii. 1. 39. Plin. xv. 30. s. 39. hence Laureate fores, Senec. ad Polyb. 35. Laurigeri Pe- nates ; Martial, viii. 1. So a crown of oak w r as suspended on the top of his house, as being the preserver of his citizens, Plin. xvi. 3. which honour Tiberius refused ; Suet, 26. The laurel branches seem to have been set up on each side of the gate, in the vestibule ; and the civic crown to have been suspended from above between them : hence Ovid says of the laurel, mediamque tuebere quercum, Met. i. 563. The door, when shut, was secured by bars, (obices, claustra, repa- gula, vectes ;) iron bolts, (pessuli ;) chains, Juv. iii. 304. locks, (serce,) and keys, (claves ;) Hence obdere pessulum foribus, to bolt the door, Ter. Heaut, ii. 3. 37. occludere ostium pessulis, with two bolts, one below, and another above, Plant, Aul. \. 2. 25. uncinumim- mittere, to fix the bolt with a hook ; obserare fores, vel ostium^ to lock the door, Ter, Eun, iv. 6. 25 scram ponere, Juvenal, vi. 34. apposita janua fnlta sera, locked, Ovid, Art. A. ii. 244. reserare, to open, to unlock, Ovid. Met, x. 384. excutere poste seram. Am. i. 6. 24. &c. It appears, that the locks of the ancients were not fixed to ^he pannels (impages) of the doors with nails, like ours, but were HOUSES OF T-HE ROMANS, 435 taken off when the door was opened, as our padlocks : Hence, et ja- ceat tacitd lapsa catena serd, Propert. iv. 12. 26. Knockers (marculi v. mallei) were fixed to the doors, or bells (fin- iinnabula) hang up, as among us, Suet, Aug. 91. Senec. de Ira, iii. 35. Dio. Jiv. 4? The porter usually asked those who knocked at the gate, who they were, Cic. Phil. ii. 31. He admitted or excmded such as his mas- ter directed, Suet. Oth. 3. Senec. ep. 47. Sometimes he was order- ed to deny his master's beiug at home, Cic, Orat. ii. 68. Martial, ii. 5. v. 23. Ovid. Art. Am. ii. 521. Besides the janitor, the emperors and great men had persons who watched or kept guard, in the vestibule, (Excubije, vel custodia.) Tacit. Ann. xv. 52. to which Virgil alludes, JEn. vi. 555. 574. A door in the back part of the house was called POST1CUM, vel posticum ostium* Plaut. Stich. iii. 1. 40. Horat. ep. i. 5. 31. or Pseudothyrum, v. -oft, Cic. Verr. ii. 20. Red. in Senat. 6. that hi the fore part, Anticum, Festus. 3. The Janua, or principal gate, was the entrance to the ATRI- UM, or AULA, the court or hall, which appears to have been a large oblong square, surrounded with covered or arched galleries, (porti- cus tectce vel laqueatoi,) Auson. Edyll. x. 49. Three sides of the Atrium were supported on pillars ; in later times, of marble, Plin. xvii. 1. — xxxvi. 2. & 3. The side opposite to the gate was called TABLINUM, and the other two sides, ALiE, Vitruv. vi. 4. The tablinum was filled with books, and the records of what any one had done in his magistracy, Plin. xxxv. 2. In the atrium, the nuptial couch was erected, See p. 392. the mis- tress of the family, with her maid-servants, wrought at spinning and weaving, Cic. Mil. 5. Nep. praif. {In medio cedium, i. e. in atrio, Liv. 1.57.) The ancient Romans used every method to encourage domestic industry in women. Spinning and weaving constituted their chief employment. To this the rites of marriage directed their attention, Seep. 390. Hence the frequent allusions to it in the poets, Virg. JEn. viii. 408. ix. 488. and the atrium seems to have been the place appropriated for their working, (ex vetere more in atrio tela texebantur, Ascon. in Cic. pro Mil. 5.) that their industry might be conspicuous: Hence the qualities of a good wife, (morigerce uxoris :) probitas, forma, fides, fama pudicitice, lanficaque manus, Auson. Parent, iii. 3. xvi. 3. But in after times, women of rank and fortune became so lux- urious and indolent, that they thought this attention below them. Nunc plerceque sic luxu et inertia dejiuunt, ut ne lanificii quidem cu* ram suscipere dignentur, Columel. xii. Proem. 6. On this account, slaves only were employed in spinning and weaving, (Textores et textrices, lanifici, et -ce,) and'a particular place appropriated to them where they wrought, (textrina, vel -um.) Thus Verres ap- pointed in Sicily, Cic. Verr. iv. 2G. The principal manufacture was of wool ; for although there were 436. ROMAN ANTIQUITIES. those who made linen, linteones, Plant, Aul. iii. 5. 38. Serv. in Ma. vii. 14. and a robe of linen, (vestis lintea,) seems to have been highly valued, Cic, Verr. v. 56. yet it was not much worn. The principal parts of the woollen manufacture are described by Ovid. Met. vi. 53. dressing the wool ; picking or teasing, combing, and carding it, (lanam carpcre, pectere, v. pcctinare, carminare, &c. spinning (nere, poet, ducere, vel trahere) with a distaff", (colus,) and spindle, (fusus,) winding or forming the thread into clews, (glome- rare ;) dyeing, (tvngere,fucare,fuco medicare.) The wool seems to have been sometimes put up in round balls, (glomerari in orbes,) before it was spun, Ovid. ibid. 19. Horat. ep. i. 13. 14. Wool, when new cut, (recens tonsa,) with its natural moisture, was called SUCCIDA, (a succo, Varr.) so midicr succida, plump, Plaut. Mil. iii. 1. 193. It used to be anointed with wine or oil, or swine's grease, to prepare it for being dyed, Juvenal, v. 24. Plin. viii. 48. xxix. 2. Varr. R. R. ii. 11. The loom, (machina in qua tela texitur,) or at least that part to which the web was tied, was called JUGUM, a cylinder or round beam across two other beams, in this form, n, resembling the jugum ignominiosum, under which vanquished enemies were made to pass, Festus 8/ Liv. iii. 28. The threads or thrums which tied the web to the jugum, were called L1CIA ; the threads extended longwise, and. alternately rais- ed and depressed, STAMEN, the warp, (a stando,) because the an- cients stood when they wove, placing the web perpendicularly, (whence Radio stantis (i. e. pendentis)/?erciM*rens stamina tela, Ovid. Met. iv. 275.) and wrought upwards, (in altitudinem,ve\ sursumver- sum, Festus,) which method was dropt, except by the linen weavers. (Linteones ;) and in weaving the Tunica Recta, lb. The threads inserted into the warp, were called SUBTEMEN. the zo oof or weft, (quasi subteximen, vel substamen,) some read sub- tegmen, but improperly : the instrument which separated the threads of the warp, ARUNDO, the reed ; which inserted the woof into the warp, RADIUS, the shuttle; which fixed it when 4 inserted, PEC- TEN, the lay, Ovid. Met. vi. 53. vel Spatha, Senec. Ep. 91. — When the web was woven upright, a thin piece of wood, like a sword, seems to have been used for this purpose ; as in the weaving of Arras, of Turkey carpeting, &c. in which alone, the upright mode of working is now retained, the weft is driven up with an instrument somewhat like a hand, with the fingers stretched out, made of lead or iron. It is doubtful whether the ancients made use of the reed and lay for driving up the weft, as the moderns do. The principal part of the machinery of a loom, vulgarly called the Caam or Hiddles, compos- ed of eyed or hooked threads, through which the warp passes, and which, being alternately raised and depressed by the motion of the feet on the Treadles, raises or depresses the warp, and makes the shed for transmitting the shuttle with the weft, or something similar, seems also to have been called L1CIA ; hence Licia telce addcrc, to prepare the web for weaving, to begin to weave, Virg. G. i. 285. When figures were to be woven on cloth, several threads of the SPINNING AND WEAVING, 437 warp of different colours were alternately raised and depressed ; and in like manner, the woof was inserted : if, for instance, three rows of threads (tria licia) of different colours were raised or inserted together, the cloth was called TRIL1X, wrought with a triple tissue or warp, which admitted the raising of threads of any particular colour or qua- lity at pleasure, Virg. JEn. hi. 467. v. 259. vii. 639. So bilix. Id. xii. 375. Hence the art of mixing colours or gold and silver in cloth : thus, Fert picturatas auri subtemine vestes, figured with a weft of gold, Virg, JEn. iii. 483. The warp was also called TRAMA, Senec. Ep. 91. Hence trama figures, skin and bones, like a threadbare coat, Pers. vi. 73. But Servius makes trama the same with subtemen, Virg. Mn. iii. 483. The art of embroidering cloth with needle work (acu pingere) is said to have been first invented by the Phrygians ; whence such vests were called Phrygionle, Plin. viii. 48. s. 74. — the interweaving of gold, (aurumintexere,) by King Attalus ; whence Vestes Attalice. lb. <$■ Propert. iii. 18. 19. — the interweaving of different colours (co- lores diversos pictures intexere) by the Babylonians ; hangings and furniture of which kind of cloth for a dining-room (tricliniaria Baby- lonica) cost Nero 32,281/. : 13:4. quadragies sestertio ; and even in the time of Cato cost 800,000 sestertii, Plin. ibid. — the raising of se- veral threads at once, (plurimis liciis texere,) by the people of Alex- andria in Mgypt, which produced a cloth similar to the Babylonian, called Polymita, (ex noXvc,, multus, et ^no^filum,) lb. #• Martial, xiv. 150. Isidor. xix. 22. wrought, as weavers say, with a many-leaved caam or comb. The art of mixing silver in cloth (argentum infila de- ducere, etfilis argenteis vestimenta contexere) was not invented till un- der the Greek emperors ; when clothes of that kind of stuff came to be much used under the name of Vestimenta Syrmatina, Salmas. ad Vopisci Aurelian. 46. From the operation of spinning and weaving, FILUM, a thread, is often put for a style or manner of writing, Cic, Lcel. 7. Orat, ii. 22. iii. 26. Fam. ix. 12. Gell, xx. 5. and ducere or deducere, to write or compose : Juvenal, vii. 74. thus, Tenui deducta poematafilo, i. e. subtiliore stilo scripta, Horat. Ep. ii. 1. 225. So deductum dicere car- men, to sing a pastoral poem, written in a simple or humble style, Virg. Eel. vi. 5. — Ovid. Trist. i. 10. 18. Ep. xvii. 88. Pont, i. 5. 7. & 13. also texere, Cic. Fam. ix. 21. Q.fratr. iii. 5. and subtexerc, to subjoin, Tibull. iv. 1. 211. In the Atrium anciently the family used to sup, Serv. in Virg. JEn. i. 726. iii. 353. where likewise was the kitchen, (Culina,) Ibid. In the Atrium, the nobility placed the images of their ancestors, see p. 37. the clients used to wait on their patrons, Horat. Ep. is 5. 31. Juvenal, vii. 71. and receive the sportula. See p. 378. The Atrium was adorned with pictures, statues, plate, &c. and the place were they were kept was called PINATHECA, Plin. xxxv. 2. Petron, 29. 83. In later times, the atrium seems to have been divided into different parts, separated from one another by hangings or veils, (vela,) into which persons were admitted, according to their different degrees of 438 ROMAN ANTIQUITIES. favour ; whence they were called amid ADMiSSIONIS primes, st- nendee, vel tertm ; which distinction is said to have been first made by C. Gracchus and Livius Drusus, Senec. de benef. vi. 33. 34. Clem, i. 10. Hence those who admitted persons into the presence of the Emperor, were called Ex officio admissionis, Suet, Vesp. 14. vel Admissionales, Lamprid. mAlex. 4. and the chief of them, Magis- ter admissionum, master of ceremonies, Vopisc. Aurelian. 12. usu- ally freed-men, who used to be very insolent under weak or wicked princes, Plin. xxxiii. 3. and even to take money for admission, Senec, const. Sapient. 14. but not so under good princes, Plin. paneg. 47. There was likewise an atrium in temples ; thus, atrium Libertatis, Cic. Mil. 22. Liv. xxv. 7. Tacit. Hist. i. 31. Artium publicum in Capitolio, 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, Fast. 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 w r ere much infested with it, Ho- rat. Sat. i. 5. 81 . Vitruv. vii. 3. hence also the images in the hall are called Fumos^e, Cic. Pis. 1. Juvenal, viii. 8. and December Fumo- sus, from 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, (amurca,) to prevent smoke, Plin. xv. 8. hence called ligna ACAPNA, (ex a priv. et KctK-vos^fumus,) Mart. xiii. 15. vel cocta, ne fumum faciant , Ulpian. de legg. iii. 1. 53. Cato de. R. R. c. 133. The Romans used portable furnaces, (camini portatiles, fornaces, vel -cfilaz, foculi, ignitabula vel escharce) for carrying embers and burning coals, (prunce vel carbones igniti,) to w r arm the different apartments of a house, Suet. Tib. 74. Vit. 8. which seem to have been placed in the middle of the room, Cat, de re rust, 18. Colum. xi. 1. In the time of Seneca, a method was contrived of conveying heat from a furnace below, by means of tubes or canals fixed to the walls, {per tubos parietibus impressos,) which w r armed the rooms more equally, Senec. ep. 90. de provid. 4. 4. An open place in the centre of the house, where the rainwa- ter fell, and which admitted light from above, was called IMPLU- VIUM, or Compluvium, Festus ; Varro de L. L. iv. 33. Ascon.in Cic. Varr. i. 23. Liv. xliii. 15. also Cav^dium, or Cavum a>dium, Varr. ibid. Plin. ep. ii. 17. commonly uncovered, (subdivale ;) if not, from its arched roof, called Testudo, Varr. ibid. Vitruvius directs, that it should not be more than the third, nor less than the fourth part of the breadth of the Atrium, vi. 4. The slave, who had the charge of the Atrium and what it contain- ed, was called ATR1ENS1S, Petron. 25. He held the first rank among his fellow slaves, Cic. Top. 5. Plaut. Asin, ii. 3. 80. and ex- ercised authority over them, Id. ii. 4. 18. 5. The sleeping apartments in a house were called CUBICULA pormitoria, vel nocturna, noctis, ct somni; for there were also cubi* HOUSES OF THE ROMANS. 439 cula diuma, for reposing in the day-time, Plin. ep. i. 3. ii. 17. v. 6. Each of these had commonly an anti-chamber adjoining, (Pro- coetum, vel Procestrium,) Ibid. There were also in bed-chambers places for holding books, in- serted in the walls, (armaria parieti inserta,) Id. ii. 17. Any room or apartment in the inner part of the house, under lock and key, as we say, was called CONCLAVE, vel -ium, Ter. Heaut. v. 1. 29. (a con eJclavis, quod una clavi clauditur, Festus ; vel quod intra eum locum loca multa et cubicula clausa sunt, adhmrentia tricli- nio, Donat. in Ter. Eun. iii. 5. 35.) put also for the Triclinium, Cic. Verr, iv. 26. Orat. ii. 86. Quinctil. ix. 2. Horat.S&t. ii. 6. 113. Among the Greeks, the women had a separate apartment from the men, called GYNjECEUM, (yvwKtw,) Cic. Phil. ii. 37. Ter. Phorm, v. 6. 22. The slaves who took care of the bed-chamber were called CUBI-* CULARII, Cic. Att. vi. 14. Suet, Tib. 21. or Cubiculares, Id. Ner. 38. the chief of them, Propositus cubiculo, vel Decurio Cubi- culariorum. Suet. Dom. 16. &l 17. They were usually in great fa- vour with their masters, and introduced such as wanted to see them, Cic. ibid. For the Emperors often gave audience in their bed-cham- ber ; the doors of which had hangings or curtains suspended before them, (foribus prcetenta vela,) Tacit. Ann. 5. Suet. CI. 10. which were drawn up (levabantur) when any one entered, Senec. ep. 81. The eating apartments were called Ccenationes, Ccenacula, vel Tric- linia. See p. 365 & 366. A parlour for supping or sitting in, was called DliETA, Plin. ep* ii. 17. Suet. CI. 10. sometimes several apartments joined together, were called by that name, or Zeta, Plin. ep. ii. 17. v. 6. and a small apartment or alcove, which might be joined to the principal apartment, or separated from it at pleasure, by means of curtains and windows, ZOTHECA, vel -cula, Ibid. Diota, in the civil law, is often put for a pleasure-house in a gar- den : So Plin. ep. ii. 17. and by Cicero, for diet, or a certain mode of living, for the cure of a disease, Att. iv. 3. It is sometimes con- founded with cubiculum. Plin. ep. vi. 16. An apartment for basking in the sun was called SOLARIUM, Plaut. Mil. ii. 4. 25. Suet. CI. 10. which Nero appointed to be made on the portico before the house, Id. Ner. 16. or Heliocaminus, Plin. ib. The apartments of a house were variously constructed and ar- ranged at different times, and according to the different taste of in- dividuals. The Roman houses were • covered with tiles (tegulce), of a con- siderable breadth ; hence bricks and tiles are mentioned in Vi- truvius and ancient monuments, two feet broad, (bipedales ;) and a garret, (ccenacidum,) covered by one tile; Suet. Gramm. 11. When war was declared against Antony, the senators were tax- ed at 4 oboli or 10 asses for every tile on their houses, whether their own property or hired, Bio. xlvi. 31. In Nonius Marcellus we read, In singular tegulas impositis sexcentis sexcenties confici posse , 440 ROMAN ANTIQUITIES. c . iv. 93. Bat here sexcenlis is supposed to be by mistake toi ?iummis, or singulas tegulas to be put for singula tecta, each roof. The roofs (tecta) of the Roman houses seem to have been generally of an angular form, like ours, the top or highest part of which was called FASTIGIUM. Festus, Virg. JEn. i. 442. ii. 458. 758. hence operi fasligium imponere, to finish, Cic. off. iii. 7. put also for the whole roof, Cic. Oral. iii. 46. Q. fr. iii. 1. 4. but particularly for a certain part on the top of the front of temples, where inscriptions were made, Plin. paneg. 54. and statues erected, Plin. xxxv. 12. s. 45. xxxvi. 5. Hence it was decreed by the Se- nate, that Julius Caesar might add a Fastigium to the front of his house, and adorn it in the same manner as a temple, Flor. iv. 2. Cic. Phil. ii. 43. which the night before he was slain, his wife Calpurnia dreamt had fallen down, Suet. Jul. 81. Plutarch, in Cces. p. 738. From the sloping of the sides of the roof of a house, Fastigium is put for any declivity; hence Cloacm fastigio ductw, sloping, Liv. i. 38. So Cces. B. G. i. 25. ii. 24. Fastigatus, bending or sloping, Cces. B. G. ii. 8. and from its proper signification, viz. the summit or top, it is put for dignity or rank ; thus, Curatio altior fastigio suo, a charge superior to his rank, Liv. ii. 27. Pari fastigio stetit, with equal dig- nity, Nep. xxv. 14. In considare fastigium provectus, to the honour of consul, Veil. ii. 69. or for any head of discourse ; Summa sequar fas- tigia rerum. I will recount the chief circumstances, Virg. JEn. i. 346. also fordepth, as altitudo, Serv. in Virg. G. ii. 288. The cen- tre of the inner part of a round roof of a temple, where the beams joined, was called THOLUS, Serv. in Virg. JEn. ix. 408. Ovid. Fast. vi. 296. the front of which, or the space above the door, was also called Fastigium, Virg. ibid. But any round roof was called Tholus, Martial, ii. 59. Vitruv. i. 7. 5. as that of Vesta, resembling the concave hemisphere of the sky, Ovid. Fast. vi. 282. & 296. Whence Dio says, that the Pantheon of Agrippa had its name, be- cause from the roundness of its figure (3-oAef<<^« «'») it resembled hea- ven, the abode of the gods, liii. 27. From the Tholus offerings consecrated to the gods, as spoils taken in war, &c. used to be suspended, or fixed to the Fastigium, Virg. ib. and on the top of the Tholus, on the outside, statues were sometimes placed, Mart. i. 71. 10. The ancient Romans had only openings, (foramina,) in the walls to admit the light ; FENESTRAS, windows, (from 4>*' v ", ostendo : hence oculi et aures sunt quasi fenestra animi, Cic. Tusc. i. 20.) covered with two folding leaves, (bifores valvce) of wood, Ovid. Pont. iii. 5. Amor. i. 5. 3. and sometimes a curtain, Juvenal, ix. 105. hence said to be joined, when shut, Horat. i. 25. Cubiculum nt diem quidem sesiit, nisi apertis fenestris, Plin. ii. 17. ix. 36. sometimes covered with a net, (fenestra reticulata, ne quod animal malefi- cum introire queat, Varr. R. R. iii. 7.) occasionally shaded by cur- tains, (obductis velis,) Plin. ep. vii. 21. Under the first Emperors, windows were composed of a certain transparent stone, called LAPIS SPECULARIS. found first in Spain, and afterwards in Cyprus, Cappadocia, Sicily, and Africa, which might be split into thin leaves, (findilur ?/i quamlibet tenues c\ HOUSES OF THE ROMANS. 441 like slate, but not above five feet long each, Senec. ep. 90. Plin, xxxvi. 22. s. 45. What this stone was is uncertain. Windows, however, of that kind (SPECULARIA), were used only in the principal apartments of great houses, Senec. ep. 86. Nat. Q. iv. 13. in gardens, Plin. xv. 16. xix. 5. Martial, viii. 14. called Per- spicua gemma, lb. 68. in porticos, Plin. ep. ii. 17. in sedans, (lee- tica) Juvenal, iv. 21. or the like. Paper, linen cloth, and horn, seem likewise to have been used for windows ; hence corneum specular, Tert. de Anim. 53. The Romans did not use glass for windo vs. although they used it for other purposes, particularly for mirrors, (specula.) nor is it yet universally used in Italy, on account of the heat. Glass was first in- vented in Phoenicia, accidentally, by mariners burning nitre on the sand of the sea-shore, Plin, xxxvi. 26. s. 65. Glass windows (vitrea specularia) are not mentioned till about the middle of the fourth century by Hieronymus, (St. Jerome,) ad. Ezech, xl. 16. first used in England, A. D. 1 177 ; first made there, 1558 ; but plate-glass for coaches and looking-glasses not till 1673. The Romans, in later times, adorned the pavements of their houses with small pieces (crusta. vel-fl) of marble, of different kinds, and different colours, curiouslyjoined together, called pavimenta secti- lia, Suet. Cats. 46. (xiS-oTrpura, Varro<) vel emelemata vermicula- ta, Cic. Orat. iii. 43. or with small pebbles, (calculi, vel tessera, s. 'uloz,) dyed in various colours ; hence called Pavimenta tessella- ta, Suet. lb. used likewise, and most frequently, in ceilings, Lucan. x. 114. in after times, called opus m^usum, vel musivum, Mosaic work, probably because first used in caves or grottos, consecrated to the muses, (mushi.) Plin. xxxvi. 21. s. 42, The walls also used to be covered with crusts of marble, lb. 6. Ceilings were often adorned with ivory, and fretted or formed into raised work and hollows, (laqueata tecta* Cic. legg. ii. 1. Laquea- ria vel lacunaria, from lucus or lacuna, the hollow interstice be- tween the beams, Serv. in Virg. JEn. 1. 726.) gilt, (aurea, Ibid. & Horat. od. ii. 11. inaurata, Plin. xxxiii. 3.) and painted, Plin, xxxv. ll.s. 40. Nero made the ceiling of his dining room to shift and exhibit new appearances, as the different courses or dishes were removed, Senec. ep. 90. Suet. Ner. 31. VILLAS and GARDENS of the ROMANS. The magnificence of the Romans was chiefly conspicuous in their country-villas, Cic. de legg. iii. 13. VILLA originally denoted a farm-house, and its appurtenances, or the accommodations requisite for a husbandman, (quasi vella, quo fructus vehebant, fy unde vehebant, cum venderentur, Varr. R. R. i. 2. 14.) hence the overseer of a farm was called VILLICUS; and his wife, (uxor liberi, et contubernalis servi,) VILL1CA. But when luxury was introduced, the name of villa was applied to a num- ber of buildings reared for accommodating the family of an opulent Roman citizen in the country, Cic. Rose. Com. 12. hence some of them are said to have been built in the manner of cities, in ttrbiwti 56 442 ROMAN ANTIQUITIES. moduni exiedijicatce, Sallust. Cat. 12. JEdijlcia private^ lax it a tern iirbium magnarum vuicaitia. Senec. benef. vii. 10. Ep. 90. Horat. od. ii. 15. iii. 1. 33. A villa of this kind was divided into three parts, Urbana, Rusti- ca, and Fructuaria. The first contained dining rooms, parlours, bed-chambers, baths, tennis-courts, walks, terraces, (xysti), &c. adapted to the different seasons of the year. The villa rustica con- tained accommodations for the various tribes of slaves and workmen, stabJes, &c. and the Fructuaria, wine and oil-cellars, corn-yards, (fcenilia et palearia) barns, granaries, store-houses, repositories, for preserving fruits, (aporothecee,) $-c. Columel. i. 4. 6. Cato and Varro include both the last parts under the name of Vil- la Rustica, Cat. de R. R. iii. 1. ix. 1. Varr. xiii. 6. But the name of villa is often applied to the first alone, without the other two, and called by Vitruvius, Pseudo-urbana ; by others, Pr^torium, Suet. Aug. 72. Cal. 37. Tit. 8. In every villa there commonly was a tower ; in the upper part of which was a supping room, (camaiio,) where the guests, while reclin- ing at table, might enjoy at the same time a pleasant prospect, PI in. ep. ii. 17. Adjoining to the Villa rustica, were places for keeping hens, Gal- linarium ; geese, Chenobocium : ducks, and wild fowl, Nessotrophi- um ; birds, ornithon, vel Aviarium ; dormice, Glirarium ; swine, Suile, sc. stajndum, et harce, hogsties ; hares, rabbits, &c. Leporari- um, a warren : bees, Apiarium ; and even snails, Cochleare, &c. There was a large park, of fifty acres or more (sr«/i*^Wo«), for deer and wild beasts, Theriotrophium, vel vivarium, Gell. ii. 20. but the last word is applied also to a fish-pond, (Piscina,) Juvenal, iv. 51. or an oyster-bed, Plin. ix. 54. or any place where live animals were kept for pleasure or profit : Hence in vivaria miitere, i. e. lactarc, 7nuneribus et obscrvantia omni alicujus hereditatem captare, to court one for his money, Horat. ep. i. 1. 79. Ad vivaria currunt, to good quarters, to a place where plenty of spoil is to be had, Juvenal, iii. 308. The Romans were uncommonly fond of gardens, (Hortus, vel ortus, ubi arbor cs et olera oriuntur,) as indeed all the ancients were : Hence the fabulous gardens and golden apples of the Hesperides, Virg. JEln. iv. 484. of Adonis and Alcinous,/6. 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. Fi?i. v. 3. In the laws of the twelve tables, villa is not mentioned, but hortus in place of it, Plin. ibid. The husbandmen called a garden altera succidia, a second dessert, or flitch of bacon, (perna, petaso vel lar- dum,) which was always ready to be cut, Cic. Sen. 16. or a sallad, (acetaria, -orum, facilia concoqui, nee oneratura sensum cibo, Plin. xix. 4. s. 19.) and judged there must be a bad housewife {nequam mater familias, for this was her charge) in that house where the gar- den was in bad order, (itidiligens horlus, i. e. indiligentur cultus.) Even in the city, the common people used to have representations ardens in their window?. Plin* ibid. VILLAS AND GARDE] 443 In ancient time?, the garden was chiefly stored with fruit-trees and pot-herb?, {ex horin enim plcbei macellum. lb.) hence called Hortus pixguis, the kitchen garden. Virg. G. iv. IIS. Plin. ep. ii. 17. and noble families were denominated not only from the cultivation of certain kinds of pulse, (tcgwmna,) Fabii, Lentidi. Pit ^c. but also of lettuce. Laciucini. Plin. xix. 4. But in after times, the chief attention was paid to the rearing of shady trees. Horat. od. ii. 14. ~- . xv. 4. Ovid. AW*. 29. &c. aromatic plants, flowers and evergreens ; as the myrtle, ivy, laurel, boxwood. 4'C. These, for the sake of ornament, were twisted, and cut into various Azures by slaves trained for that purpose, called TO- PIARII. Plin. ep. iii. 19. who were said Topiaria>i, sc. artem. fa- cere. Cic. Q. fr. iii. 1. _. vel opus topiarium. Plin. xv. 30. Gardens were adorned with the most beautiful statues, Cic. Dom. 43. Plin ep. viii. IS. f. Here the Romans, when they chose it. lived in retirement. Cic. Art. xii. xt. CI. 5. Tack. Ann. xvi. 34. and entertained their friends. Sinec. ep. 2L .Mart. iv. 64. The Romans were particularly careful to have their gardens well watered. § [to, vel irriguif) and for that purpose, if there was no water in the ground, it was conveyed in pipes, (indu pet ca- nales. \e\ fistulas aquarias. Plin ep. v. 6. per tubos plumbeos. vel tig- neos, Plin. xvi. 1. velfictiles. sen testaceos. Id. xxxi. 6. s. 31.) These aqueducts (ductus aqua rum) were sometimes so lars:e, that they went by the nameofXiLi and Euripi : Cic. legg. ii. 1. The gardens at Rome most frequently mentioned by the Classics, were Cjesaris. Horat. Sat. i. 9. 18. Suet. S3. Luculli. Tacit. Ann. xi. I. 37. Partialis, iv. 64. Xeroxis. Tacit. Ann.xW. 3. xv. 44. Pompeii. Gkr. Phil. ii. 29. Salustii. v. -iaxi ; the propertv rlrst ef Sallust the historian, then of his grand-nephew, and adopted son. Tacit. Ann. iii. 30. afterwards of the emperors. Id. xiii. 47. Hist. iii. SC. Sexece. Id. xiv. 52. Juvenal, x. 16. Tarqoxii Superei. the most ancient in the city. Liv. i. 54. Ovid. Fast. ii. 703. ROMAN ANTIQUITIES. and open, (cozcoz ct patentes,) according to the nature of the soil, and water-furrows, (sulci aquarii, vel elices, quod undam eliciunt, Virg, G. i. 109.) Col, ii. 2. & 8. Plin. xviii. C. The instruments used in tillage were, ARATRUM, the plough; concerning the form of which, authors are not agreed. Its chief parts were, Temo, the beam ; to which ihejugum or yoke was fastened ; STIVA, the plough tail or handle ; on the end of which was a cross-bar, (transversa regula, called Man- icula, vel capulus, Ovid. Pont, i. 8. 57.) which the ploughman (arator, v. bubulcus) took hold of, and by it directed the plough ; VoiMER, vel en's, the plough-share ; BUR1S, a crooked piece of wood, which went between the beam and the plough share ; hence Aratrum curvum, Virg, G, i. 170. represented by Virgil as the principal part of the plough, to which there seems to be nothing exactly similar in modern ploughs; to it Wis fitted the Dentale, the share- beam, a piece of timber on which the share was fixed; called by Virgil, duplici dentalia dorso, i. e. lato ; and by Varro, dens ; to the buris, were also fixed two aures, supposed to have served in place of what we call mold-boards, or earth-boards, by which the furrow is enlarged, and the earth thrown back, (regeritur ;) Culter, much the same with our coulter, Plin, xviii. 18. RALLA, or rulla, vel -um, the piough-staiF, used for cleaning the plough-share. Id, 19. The Romans had ploughs of various kinds ; some with wheels, earth-boards, and coulters, others without them, &c. The common plough had neither coulter nor earth-boards. The other instruments were, LIGO, or r ala, a spade, used chiefly in the garden and vineyard, but anciently also in corn-fields, Livi iii. 26. Horat, od, iii. 6. 38. ep. i. 14. 27. Rastrum, a rake ; Sar- culum, a sarcle, a hoe, or weeding-hook; Bidens, a kind of hoe or drag, with two hooked iron teeth, for breaking the clods, and draw- ing up the earth around the plants, Virg, G, ii. 400. Ovid, Am, i. 13. 15. Occa, vel Crates dentata, a harrow, Virg, G,'\. 91. Plin, xviii. 18. Irpex, a plank with several teeth, drawn by oxen, as a wain,. to pull roots out of the earth, Varr, L, L, iv. 31. Marra, a mattock, or hand-hoe, for cutting out weeds, Juvenal, iii. 311. Do- labra, an addice, or adz, with its edge athwart the handle : Secu- ris, an axe, with its edge parallel to the handle : sometimes joined in one; hence called Securis dolabrata; used not only in vine- yards, but in corn-fields, for cutting roots of trees, '»<*;c«s, qui lora tenebat :) or agitator, (e a«tjj«,) the charioteer or driver, Ovid. Met. ii. 327. Cic. Ait. xiii. 21. Acad. iv. 29. also Moderator^ Lucan. viiu 199. But these names are applied chiefly 464 ROMAN ANTIQUITIES. to those who contended in the Circus, Suet. Cal. 54. Ner* xxii. 24. Plin. ep. ix. 6. or directed chariots in war, Virg. and always stood upright in their chariots, (insistebant curribus,) Plin. ep. ix. 6. Hence aurigare for currum regere ; and Aurigarius, a person who kept chariots for running in the circus, Suet. ib. Auriga is the name of a constellation, in which are two stars, call- ed H.#:di, the kids ; above the horns of Taurus ; Serv. in Virg. JEn. ix. 668. On the head of Taurus, are the Hyddes, (ab vetv,pluere,) or Suculce, (a suibus,) Cic. N. D. ii. 43. Plin. ii. 39. Gell. xiii. 9. called Pluvice, by Virgil, JEn. iii. 516. and Tristes, by Horace ; be- cause at their rising and setting, they were supposed to produce rains, Od. i. 3. 14. on the neck, or, as Servius says, G. i. 137. ante genua tauri, Plin. ii. 41. in cauda tauri septem ; PLEIADES, or Vergili.^, the seven stars; sing. Pleias vel Plias, Ovid. ep. xviii. 188. Agitator is also put for ag, cano,) a building where musicians and actors rehearsed, or privately exercised themselves, before ap- pearing .on the stage, Cic. Att. iv. 16. Suet. Dom.5. NYMPHiEUM, a building adorned with statues of the nymphs, and abounding, as it is thought, with fountains and water-fails, which afforded an agreeable and refreshing coolness; borrowed from the Greeks, Plin.xxxv. 12. s. 43. long of being introduced at Rome, Capitol Gord. 32. unless we suppose it the same time with the tem- ple of the nymphs, mentioned by Cicero, Mil. 27. Arusp. 27. C1RCI. The Circus Maximus, see p. 287. Circus Flami- nius, laid out by one Flaminius •, called also Apollinaris, from a temple of Apollo near it, Liv. iii. 54. 63. used not only for the ce- lebration of games, but also for making harangues to the people, Cic. post. red. in Sen. 6. Sext. 14. The Circus Maximus was much frequented by sharpers and for- tune-tellers, (sortilegi.) .ugglers, (prcestigiatores,) &c. hence call- ed FALLAX. Horat. Sat. i. 6. 113. Several new Circi were added by the Emperors, Nero, Tacit. Ann. xiv. 14. Caracalla, Iieliogabalus, &c. STADIA, places nearly in the form of Circi, for the running of men and horses, Suet. Cms. 39. Dom. 5. Hippodromi, 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, Plin. ep. v. 6. but here some read Hypodromus, a shady or covered walk, which indeed seems to be meant ; as Sidon. ep. ii. 2. PALJESTRiE, GYMNASIA, et XYSTI. places for exercising the Athletai} See p. 290. & 291. or pancratiastcs, who both wrestled and boxed, (qui pancratio certabant, i. e. omnibus veribus (?r*v xf*res). Senec. ben. v. 3. Gell. iii. 15. xiii. 27. Quinctil. ii. 9. These places were chiefly in the CAMPUS MARTI US, a large plain along the Tiber, where the Roman youth performed their exorcise?, anciently belonging to the Tarquins ; hence called Su« PUBLIC BUILDINGS. 471 perbi regis ager, Juvenal, vi. 523. and after their expulsion, con- secrated to Mars, Liv. ii. 5. called byway 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. hence fors domina campi, Cic. Pis. 2. or for the votes ; hence venalis campus, i. e. suffragia, Lucan. i. 180. Campi Nota, a repulse, Vol. Max. vi. 9. 14. or for any thing in which a person exercises himself; hence latissimus dicendi cam- pus, in quo liceat 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. NAUMACHLE, places for exhibiting naval engagements, built nearly in the form of a Circus; vetus, i. e. Naumachia, Circi, Maximi, Suet. Tit. 7. Augusti, Id. 43. Tib. 12. Domitiani, Id. 5. Martial. Sped. 28. These fights were exhibited also in the circus and amphitheatre, Ibid. See p. 291. III. CURIAE, buildings where the inhabitants of each Curia met to perform divine service, Varro. de L. L. iv. 32. see p. 13. or where the senate assembled, (Senacula;) p. 19. IV. FORA, public places. Of these the chief was, FO- RUM Romanum, Vetus, vel Magnum, a large oblong open space between the Capitoline and Palatine hills, now the cozo market^ where the assemblies of the people were held, where justice was administered, and public business transacted, Seep. 73 92. 111. &c. instituted by Romulus, Dionys. ii. 50. and surrounded with porticos, shops, and buildings, by Tarquinius Priscus, Liv. i. 35. These shops were chiefly occupied by bankers, (argentarii ;) hence called Argentarii, sc. tabernce, Liv. xxvi. 11. veter.es, Plaut. Cure. iv. 1. 19. hence ratio pecuniarum, quce in foro versatur, the state of money matters ; Cic. Manil. 7. fidem de foro toller e, to destroy public credit, Cic. Rull. i. 8. in foro versari, to trade, Id. Flac. 29. foro cedere, to become bankrupt, Sew. ben. iv. 39. vel in foro eum non habere, Cic. Rabir. Post. 15. but de foro decedere, not to appear in public, Nep. Att. 10. in foro esse to be engaged in public business, Id. Cat. 1. vel dare operamforo, Plaut. Asin. ii. 4« 22. fori tabes, the rage of litigation, Tacit. Ann. xi. 6. in alieno foro litigare, to follow a business one does not understand, Martial, prcef. xii. Around the forum were built spacious halls, called BASILKLE, where courts of justice might sit, and other public business be trans- acted, Seep. 112. not used in early times, Liv. xxvi. 27. adorned with columns and porticos, Cic. Varr. iv. 3. v. 58. Att. iv. 16. after- wards converted into christian churches. The Forum was altogether surrounded with arched porticos, with proper places left for entrance, Liv. xli. 27. Near the Rostra stood a statue of Marsyas, vel -a, Horat. Sat. i. 6. 120. who having presumed to challenge Apollo at singing, and be- ing vanquished, was flayed ahve, Liv. xxxviii. 13. Ovid. Fast. vi. 707. Hence his statue was set up in the Forum, to deter unjust liti- gants. There was only one Forum under the republic. Julius Ccesar 472 ROxMAN ANTIQU1T4ES. added another ; the area of which cost H. S. millies, i. e. 807,529 it : 13: 4. Suet. Jul. 26. Plin. xxxvi. 15. s. 24. and Augustus a third, Id* xxix. 31. Hence trina fora, Ovid. Trist. iii. 12. 24. Senec. de Ira, ii. 9. Triplex forum, Martial, iii. 38. 4. Domitian began a fourth Forum, which was finished by Nerva, and named from him, FORUM NERViE, Suet. Dom. 5. called also Transitorium, because it served as a convenient passage to the other three, Lamprid. in Alex. 28. But the most splendid Forum was that built by Trajan and adorn- ed with the spoils he had taken in war, Marcellin. xvi. 6. GelL xiii. 23. There were also various FORA, or market-places, where certain commodities were sold; thus, Forum BOAR1UM, the ox and cow market, Festus ; in which stood a brazen statue of a bull, Tacit, xii. 24. adjoining to the Circus Maximus, Ovid. Fast. vi. 477. Suarium, the swine-market ; P1SCARIUM, the fish-market ; Olitorium, the green-market ; Forum Cupedinis, where pastry and confections were sold 5 ail contiguous to one another, along the Tiber : When joined together, called MACELLUM, from one Macellus, whose house had stood there, Varr. de L. L. iv. 32. Those who frequent- ed this place are enumerated, Ter. Fun. ii. 2. 25. V. PORTICUS, or piazzas, were among the most splendid orna- ments of the city. They took their names either from the edifices to which they were annexed ; as Porticus Concordia, Apollinis, Qui' rini, Herculis, Theatri, Circi, Amphitheatri, &c. or from the builders of them; as Porticus Pompeia, Livia, Octavia, Agrippce, &c. used chiefly for walking in or riding under covert, Ovid. Art. Am. i. 67* Cic. Dom. 44. See p. 422. In Porticos, the senate and courts of justice were sometimes held, Jlppian. Bell. civ. ii. p« 500. Here also those who sold jewels, pic- tures, or the like, exposed their goods. Upon a sudden shower, the people retired thither from the theatre, Vitruv. v. 9. Soldiers sometimes had their tents in porticos, Tacit. Hist. i. 31. There authors recited their works, Juvenal, i. 12. phi- losophers used to dispute, Cic. Orat. ii. 20. Propert. ii. 33. 45. par- ticularly the Stoics ; whence their name, (from o-r ok, porticus), because Zeno, the founder of that sect, taught his scholars in a portico at Athens, called Poecile^sroiKtXi}, varia, picta,) adorned with various pictures, particularly that of the battle of Marathon, Cic. Mur. 29. Pers. iii. 53. Nep. Milt. 6. So Chrysippi porticus, the school of* Horat. Sat. ii. 3. 44. See p. 370. Porticos were generally paved, (pavimentatce,) Cic. Dom. 44. Q. fr. iii. 1. supported on marble pillars, Senec. Ep. 115. and adorned with statues, Ovid. Fast. v. 563. Trist. iii. 1. 59. Propert. ii. 23. 5. Suet. Aug. 3 1 . VI. COLUMNS, (wXctt, vel ivXc,) columns or pillars properly denote the props or supports, (fulcra.) of the roof of a house, or of the principal beam on which the roof depends, (columen;) but this term came to be extended to all props or supports whatever, espe- PUBLIC BUILDINGS. 473 cially such as are ornamental, and also to those structures which support nothing, unless perhaps a statue, or 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 different orders of architecture, Doric, Ionic, Corinthian, Tuscan, and Composite, i. e. composed of the first three. The foot of a column is called the base, (basis, Plin. 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 pedes- tal, (stylobdtes, vel -ta,) the top, its chapiter or capital, (epistylium, caput vel capitulum,) and the straight part, its shaft, (scapus.) Various pillars were erected at Rome in honour of great men, and to commemorate illustrious actions, Plin, xxxiv. 5. thus, Columna jrnea, a brazen pillar, on which a league with the Latins was written, Liv. ii. 33. Columna rostrata, a column adorned with figures of ships, in honour of Duilius, in the Forum ; see p. 475. 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, consisting 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 Anto- ninus Pius. Trajan's pillar was erected in the middle of his Forum, composed of twenty-four great pieces of marble, but so curiously cemented, as to seem but one. Its height is 1 28 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 1 85 steps for ascending to the top, and forty windows for the admission of light. The whole pillar is incrusted with marble, on which are repre- sented the warlike exploits of that Emperor and his army, particu- larly in Dacia. On the top was a Colossus of Trajan, 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 his 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. Pope Sixtus V. instead of the statues of the emperors, caused the statue 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. Horat. od. ii. 18. Juvcn. vii. 182. and placing statues between them, (in itercolumniis,) Cic. Verr. i. 19. as in temples, Ov. Trist. iii. 1. 61. A tax seems to have been imposed on pillars, called Columnaiuum, Cic. Att. xiii. 6. Cas. B. C. iii. 28. s. 32. 60 47.4' ROMAN ANTIQUITIES. There was a pillar in the Forum, called Columna Mania, from C, IVIaenius, who having conquered the Antiates, A. U. 417. placed the brazen beaks of their ships on the tribunal in the Forum, from which speeches were made to the people ; hence called ROSTRA 5 See p. 15, Plin. xxxiv. 5. s. 11. Near this pillar, slaves and thieves, or fraudulent bankrupts, used to be punished, Cic, Cluent. 13. Hence insignificant idle per- sons, who used to saunter about that place, were called Columna- rii, Cic. Fam. viii. 9. as those who loitered about the Rostra and courts of justice were called Subrostrani, Cic. Fam. viii. Land Subbasilicarii, Plaut. Capt. iv. 2. 35. comprehended in the Turba forensis, or plebs urbana, which Cicero often mentions. VII. ARCUS TRIUMPHALES, arches erected in honour of il- lustrious generals, who had gained signal victories 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 Fornices by Cicero, Verr. i. 7. ii. 63. but after- wards more magnificent, built of the finest marble, 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 various figures done in sculpture, Juv. x. 136. From the vault of the middle gate, hung little winged images of victory, with crowns in their hands, which, when let down, they put on the victor's head as he passed in triumph. This magnificence began under the first emperors ; hence Pliny calls it Novicium in- ventus, xxxiv. 6. s. 12. VIII. TROPZEA, trophies, were spoils taken from the enemy, and fixed upon any thing, as signs or monuments of victory, (a r^otrm fuga ;)■ erected (posita vel statuta) usually in the place where it was gained, and consecrated to some divinity, with an inscription, Virg, Mn. xi. 5. iii. 288. Ovid, Art. Amor. ii. 744. Tacit. Ann. ii. 22. Curt. vii. 7. viii. 1. used chiefly among the ancient Greeks, who, for a trophy, decorated the trunk of a tree with the arms and spoils of the van- quished enemy, Stat. Theb. ii. 707. Juv. x. 133. Those who erect- ed metal or stone, were held in detestation by the other states, Cic, de Invent, ii. 23. nor did they repair a trophy when it decayed, to intimate, that enmities ought not to be immortal, Plutarch. Quozst, Bom. 36. Diod.Sic. 13. Trophies were not much used by the Romans, who, Florus says, never insulted the vanquished, iii. 2. They called any monuments of victory by that name, Cic. Arch. 7. Dom. 37. Pis, 38. Plin. pa- neg. 59. Plin. nat. hist. iii. 3. s. 4. 20. s. 24. Thus the oak tree, with a cross piece of wood on the top, on which Romulus carried the spoils of Acron, king of the Caeninenses, is called by Plutarch 7 432 323 295 333 470 263 458 ib. 87 316 381, 422 346 13, 19 360 330 Cryptoporticus Grustae Cubicula Cubitus Cucullus Cudo Culeus Culina Culmen Cuneus Cunei Cuniculus Curiae Curiones Curules magistratus Currus, v. -iculu Custodes Custodiae Cyathus Cyclas D Dactylotheca Decimatio Decemviri litibus judi candis loO, 131, 203 agris dividendis 139 Decemviri 94, 138 Decimani limites 455 Decimanus ductus ib. Decreta 27, 190 Decollare 353 Decumae 64 Decuriones 73, 312, Decurrere 317, 404 Decussatio 454 Dedieetindiemvivere 363 Dedititii 40 Deductores 81, 172 Delectus 306 Delirare 447 Denarius 413 Depontani 87 Deportatio 66, 229 Depositus 396 Descendere 228 Desi^nati 89, 102 Designator 399 Desiguatores 295 Desultores 458 Detestatio sacrorurn 76 Dexter & sinister 255 Diceta 439 Diarium servorum 43 Dictator 94, 134 Dicam scribere 195 Diascecis 133 Diemdicere et prodicere 82, 215 Dies intercisi 233 status ib. Civilis 282 Comitiale3 74, 109 Fasti et nefasti 109, 1 62 Festi 233 Justi 212 Profesti 283. 287 Pa's 386, 394 191 Diffareatio Digesta Digitus Dii major ura gentium minorum gentium Dimensium servorum Diminutio capitis Diamone Dioscuri Dipthera Jovi3 Diploma Dir&e Diribitores Dirimere suffragia Discalceati Disputatio fori Dius Fidius Diversoria Diverticula Divinatio Divisores Divortium Dixi Do, Dico, addico Dolium Domini insularum 55 Dominus 48, 387, 427 Domicilium Jovis 462 Dominium 48, 55, 58 Domus & insula 55, 433 Donativum 422 Dona et Munera 58, 404 Dos 387 Dosswaria 456 Drachma 414 Ducenarii 146 Ducere uxorem 391 Ductu et auspicio 313 Duplicarii 325 Duumviri 72, 139, 214, 217 E Ecclesia 72 Eculeus 222 Edicta 19,32,109,110 Edititiijudices 222 Editor Gladiatorura 292 Edulia 375 Elogium 60 Emancipatio 5 1 421 234 243 43 68 73 289 424 448 256 87 ib. 352 263 244 477 ib. 253, &c. 81 392 225 109 379 427 Essedum Everrae Evocare deo* Evocati Exauctoratio Exaugu ratio Excubiae Exceptiones Exercitor navis Exercitus Emblemata Emeriti Emplastratio Emptio per ses, Sic. sub corono Endromis Enuptio gentis Ephippia Ephibataj Episcopus Epistola Epitiiphium Epithalamium Equite9 Ergastulum Esquilimts mons 303 381 330 453 51,59 41,57 290 50 311 341 133 429 409 391 33 43 460 460 406 334 308 33? 316, 43 2C 203 317 Eximere diem dicendo 23 Exilium 229 Exodia 299 Exomis 363 Exostra 304 Exsequae 398 F Faba 449 Fabri 77 Faces nuptiales 390 Faces Funebrus 399 Factiones aurigarum 289 Familiae 38 42 — — — emptor 59 mancipatio ib. Far 386, 449 F as c in us 245 Fasces & secures 98, 100 Fasciae 352 3"> Fasti Kalendares Fastigium Fata Faunus Feciales Feminalia Fenestrae Fercula Fererum Feriae Ferreae soleae Fescennini versus Fibulae Fidei commissum Fiduciarius pater haeres Filum Fiscus Flagellum Flamines Flammeum Flora Focalia Focus Fosnum Foenus Foil is Fora Forensia Fori Forma provincial Forum Forus Fraenum Fritillus Fruticc-5 Fuctia 249 440 242 245 263, 305 352 440 377, 457 399 283, 286 353 386 325,351 61 51 61 437 120 463 265 390 245 352 438 450 418 369 73, 470 350 340 69 75, 314 383 463 383 452 484 Funale9 equi 462 Fanambuli 302 Fundi 43, 67, 175 Funditores 310 Funera 398 Funes 340 Funus 399 Furca 42, 4 JO Fr.rcifer 4. Furiae 242 Furtum conceptum 165,203 Fusus 436 Fustuarium 329 G Gabinus Cinctug 71 Galea 310 Galerua 355,262 Galli 267 Gallia togata, ' 48 Gausapa 351, 468 Gemmae. 360 Geniu» 242 Gentes 38 Gentiles 38, 50 Gestatio 370 Gladius et hast a 111 Globis vel orbis 323 Glutinatores 430 Gradus militares 318 Graphium 425 Gratiae 238 Greges et ? armenta, dist 451 Gubemaculum 338 Gnbernator 341 Gustatio 375 Guttus 372 Gymnasium 290, 470 Gynaeceum 439 Gypsatus 41 H Habenae 463 Ha be tibi tuas res 394 Haedi 464 Uaerede9 ascendentes, 62 Haeredium 444 Haeres et asse, scmisse, 62 Harpagones 344 Harpastum 369 Haruspice3,& -inae 259,27 "> Hastati 309 Helciarii 342 Hcliocaminus 4.39 Melex 343 Herciscere farailiam 58 Hermae 238 Heta^rnc 174 Hexaphorum 399 Hexeres ^37 Histriones ^98 Holocauftum 274 Honorarium 142, 163 Honorati HO Hordeum 449 Ho eum *50 Horti 442 Hospitiaro 374 LATIN INDfeX. Page. Hostes 48 Hyades 464 Hybridae 388 Hypogaea 409 Hypodidasculus 428 I Idus 280 Iguobiles 37 Ignominia 118, 229 Illicet 406 Impluvium 438 Imperator 30, 95, 144, 3^3 Imperium 75, 96, 144 Inducere senatus consul- turn 22, 31 Inauguratio 52, 253, &c Inaurus 357 Incendiarii 171 lncestua 388 Incilia 445 Inciti 383 Incudi reddere versus 425 Indictio 70 Indigetes 243 Inducere nomen 60 Indusium 351 Infames 17, 205 Inferiae 407 Infulae 262 Ingenui 40 Injuriae 205 Inoculatio ib. In procinctu 59 Inquilinus 55, 200 Insitio 453 Insulae 55, 431 Instita 346 Institores 475 Instituta 191 Intesta biles 224 Intercessio tribunorum 22, 84, 122 Interpretes 81 Interrex prodebatur 79, 94, 99 Interregnum ib. Interdicta 111 Iselastici ludi 291 Iter 54 Janiculum 466 Jani templum 469 Janitor 434 Janua 433 Janus 241 Jentaculum 364 Judex quaestiones 218 Judicem ferre 208 Judices 112, 206, 218 — Pedanei 210 Judicem ferre ei 208 ejerare ib. Judicia 192 Jugerum 424, 447 Jugum 436,417,454,462 Jumentum 194 Juniores 77 Jurare in leges 98,166 Jurecessio 44 Jurisdictio 193 Jurati homines 222 Jusjurandum 210 Jus jftlianum, Flavianum, &c. 162 — applications 74 — censuus 63 — civitatis 48 — honorarium 110 — honorum 65 — imaginum 37 — Itaiicum 68 — Latii 67 — militise 63 — Quiritium 48 — relationis primae, &c. 23 — sacrorum 65 — suffragii — tributorum 48,65 63 — trium liberorum Jus & Lex, &c. 157 Justa funebria 398 Justitium 408 Justus equitatus K 309 Kalendae 280 Kalendares fasti 249 h Lacerna 351 Lacus 379 Laena 351 Lana 435 Lanista 292 Lapsus rotarum 343 Laquearia Lares 243, 441 , 386, 402 Larvae 402 Latafundia 452 Latinitas 67 Latus clavus 18, 350 Laudatio 224, 401 Laureatae fores 434 Lautumiae 228 Lecticae 399, 457 Lectisternium 273 Lectus 367 funebris 396 Legati 141, 313 Legati : ' aesaris 141,145 Legatio libera 29, 176 Legere agere Leges Curiatoe 193 137 duodecim tabula- rum 138, 157, 160 Regiae 137 Tabellariaft 86 Legem ferre, &c. 88 Legiones IS, 305, 309 Legitimi liberi 388 Leguleius 195 Lex annalis 97 • ■ - Curiata 75 Regia 33 Libatre dapes 57* LATIN INDEX, Libaho 273 Libelli Imperatoris 32, 191 428 Libellus 220 Liber 423 Liberalta 284 Liberi 40 Liberti et Libertini 40, 17 Libitinarii 396 Libra 411 Libraria et -urn 430 Librarius 428, 430 Librator 475 Libripens 51 Liceri 200 Licitator ib. Licia 436 Lictores 98, 155 Ligo 446 Lingulae 352 Limae labor 425 Limites 455 agrorum 180, 182 Linteones 436 Linum 449 Lira 447 Lirare ^ ib. Litare 407 Litera tristis 226 Litera salutaris 199 Literae 429 Litigatores 195 Lituus 255, 317 Litis contestatio 299 Lixae 315 Locuples 443 Lodix 367 Lorica 310 Luceres 33, 89 Luctus 408 Lugubria fumere ib. Ludi Circences 287 ■ scenici 298 seculares 287 stati ib. Ludus Trojae 291 Luna 242 Luperci 265 Lustrum 17, 79 — — condere 78, 118 M Macelletn 472 Macrocolla 424 Maenianum 288 Magister collegii 254 equitum 136 societatia 34 Magistratus 96 ■ crimen 113, 143 179 Malleoli 453 Malus 338 Manceps 54, 64 Mancipatio 56 Mancipia 41 Mancipi res 53 Mandata Manes Mangone3 Page 190 402, 404 41 Manipulus 309 Mansio 314, 478 Manuleatus 349 Manumissio 45 Manum conserere 197 Manus in jectio ib. Mappa et mantile 369 Marga 445 Margaritae 54, 357 Marginari 474 Maritare ordines 182 Marsupium 349 Mastigia 43 Matronae 387 Mausoleum 408 Medimnus 422 Medicare fugo 436 Mediastinus 42 Membrana 424 Mensae 3 67 Mephitis 245 Mercenarii 42 Meranda 364 Metae 288 Metatores 313 Metropolis 133 Militares tribuni 94 Miliarium 477 aureum ib. Mimus 302 Mina 417 Minis tri 271, 377 Mirmillones 293 Missio honesta 331 ignominiosa, &c. 331 289 384 356 289 422 414 357 386 84 Missus Micare digitis Mitrae Mittere mappam . Modius Moneta Monilia Monopodium Morbis comitialis Mors 229, 242 Movere e senatu 27 e tribu 116 Mulcta 228 Muli Mariana 456 Mulio 464 Mulsum 375 Multatitium argentum 128 Mudus muliebris 355 Munerarius 293 Municipia 47, 70 Munus gladiatorium 292 Musa» 240 Museum 431 Mustum 380 N Naenia 400 Nardum 375 Naulcerus 541 Naumachia Natuae Navales socii Navis magister exercitor 485 Page 291,470 340 ib. 203 ib. 341 NavJcularium facere Navalia 340, 344 Naves sutiles 247 actuarial 336 ■ ' - caudicariae 335 Liburnae, &c. 337 longae etonerarise 335 339 341 tectae Navarchi Nexi Nobiles & Novi Nomen Nomenclator Nomina facere Nonae Notarii Notae Novae tabulae Novalis, v. -e Novellae Novendiale Nubere Nuces spargere Nubilarium Nummus Nummularii Nuntiatio Noncupatio testamenti Nundinae Nuptiae Nymphae Nymphaeum 49, 183 37 38 81 420 280 153, 427, 430 153, 162 50 359 192 407 390 392 371 413 419 84 59 80, 174, 880 387, 391 238, 245 470 O Obaerati Obnunciare Obolus Obrussa Obstrigilla Ocreae Octophoros Odeum Oflficium CEnopolium Officina Onusmilitum Opera una, &c. Opistographus Optimates Optionea Oraculum Oram solvere Orchestra Orcini senatores Ordines remorum Oscines Ostia Ostiarius Ostracismus Ova Ovatio Ovile 49 84 397, 414 414 458 310 457 470 103, 390 379 431 317 448 426 37 312 256 340 18, 305 45 336 83, 254 344 434 226 288 32S 80 486 LATIN INDEX. Psedagogi Pagani Palangae Palestrae Palatium Palea Pales Palilia Palmus Palimsestos Palla Palladium Paludamentum Palus, v. -aria Palare vites Pancratiastae Pandectae Page 42,421 65,72 343 291, 470 465 451 245 13,284 421 424 346 235 313 317, 369 454 470 191 Pantheon 271, 440, 468 Pantomimi 302 Papyrus 424 Parasanga 421 Parapherna 387 Paresemon 337 Parentalia 407 Parricidae 171, 233 Partes navis 338 Partiarii 444 Passus 421 Patibulum 156 Patres micorum et majo- rura gentium 14 Cons crip ti 15 Patricii 14 Patrimi & matrimi 386 Patroni 36, 221 Pausarius 342 Pavimenta 441 Pecuarius 64 Pecten 436 Peculatus 143 Peculium 43, 51 Pecunia 411 Pedanei judices 210 Pedarii senatores 25 Pedes velorum 339 Pegmata 295 Penates 243 Pentathlum 290 Penula 351 Perduellio 3? Peregrini 48, '3 Pergamena 424 Periscelis 352 Perones 35b Peraes et libram 51, 59 Peremptorium edictum 111 Pes 4 21 Petasus 355 Petauristae 302 Petitor 193 Petorritum 460 Pharos 344 Pila 369 Pilani 309 Pilentum 459 Pileus Pinatheca Pistrinum Pittacia Plagiarii Page 354 437 43 433 172 Plaustrum 460 Plausus 303 Plebiscita 91, 157, 163 Plebs 35 Pleiades 464 Plutei 333 Porculeta 455 Pocula 38l Podium 294 Poenae militares 329 Pollicem premere et ver- tere 296 Pollinctores 396 Pomaerium 71,467 Pomona 245 Pondo 4i6 Pontes 87, 180, 479 Pontiles Maximus 248 Pontifices 24? Popae 271, 273 Poppaeanum 356 Populares 37 Populi Fundi 57 Populiscita 157 Porca 447 Porta 71 Portae castrorum 314 Romae 467 Porticus " 370, 472 Portisculus 342 Portitor 64, 2*6 Portorium ib. Pcrtus 341 Posca 330 Posticum 435 Postliminium 66 Postulationes 193 Potestas 75, 96 Potitii et Pinarii 266 Praefectus annonae 133 — — aquarum 475 Celerum 99 clasis 133 militaris aerarii ib. Praefectus morum 119 praetorio 132 vigilum 134 Urbi, &c. 131 Praeceptor 427 Praecinctus 349 Praecones 154 Praedes 64, 215 Praedia libera, &c. 54 urbana ib. censui censendo 68, 116 Praefecti 312 Praefecturae 73 Praeficae 460 Praemia mUitaria 323 Praepetes 83, 254 Praenomen 38 Praerogativa 85 Praetores 96, 99, 108 Praetorii 108 Praetorianorum castra 467 Praetorium 314 Praevaricatio 227, 447 Prandium 364 Prata 450 Prelum 379 Priapus 242 Princeps sententiae 25 Princeps Juventutis 36 Senatus 15, 148 Principes 309 Principia 314 Principium 75 Privati 44, 251 Privilegia 32, 191 Procurators 209, 221, 445 Processus Consularis 103 Proletarii 78, 91 Promulsis 375 Propagines 452 Propugnacula 339 Proreta 342 Proscenium 305 Proscriptio 170 Provinciae 69, 103, 144 J»rovocatio 49, 123 Psilothrum 362 Publicani 34, 64 Pugillares 427 Pullarius 254 Pulmentum 365 Pulpitum 305 Punctimpetere etcaesim 296 Pupae 392 Purpura 358 Puteal 210 Pyra 403 Pyrriche 265 Q Quadrigiae 458 Quadrigati 413 Quadruplatores 219 Quaesitores 113,249 Quaestio 113,193,222 Quaestionef.&c. 113, 23, 217 Quaestoriuni 129, 314 Qusestor.ii 108 Qujestores 128, 214, 217 Quinarius 413, 416 Quaestores candidati 130 palati ib. Quatuorviri viales ib. Quinquatrus 284 Quinquevirimensarii 139 Quincunx 319, 336 Quindecemviri 259 Quinqueremes 337 Quintana 314 Quirinalis mons 465 Quirinus 244 Quiritare 49 Qmritarium dominium 58 LATIN INI )EX. 487 Page Page Pagt ii Scarificatio 448 Spiemum 356 Rabula 211 Scena 304 Sphaeristerium 370 Radii 461 Scribae 104, 153 Spolia opima 325 Radius 436 Scrinium 427 8poliarium 296 Ramnerises 33, 89 Scripta duodecim 383 Spondee 370 Rapina 204 Scriptura 64, 69 Sponsio 199, 202 Ratiocinatore3 430 Scrpituarius 64 Sponsores 215 Ratiti nummi 413 Scribe re nummos 420 Sponsus & sponsalia Recuperatores 207 Scutula 453 Sportula 73, 348 Redemptores 117, 200 Scutum 310 Sportulae 379 Referre ad Senatum 21 Sectatores 172 Stadia 470 Regiones urbis 433, 466 Sectio et sectorea 49 Stadium 421 Regifugium 102 Securis dolabrata 446 Stamen 436 Relegatio 66 Seges 448 Stationes 316 Remancipatio 394 Segestre 367 Sterquilinium 445 Remi 338 Segnientum 357 Stibadium 367 Repetundae 143 Sella 457 Stigmatias 43 Replicatio 202 curulis 97, 459 Stilus . 425, 427 Repotia 392 Semones 244 Stimulus 463 Repudium 389 Sententia maxime frequens Stipendiarii G9 Rescripta 32, 190 26 Stips 412 Res publicae et privatae 53 Seniores 77 Stipulatio 197,201,389 -— corpo rales et ; mcor- Senacula 19 Stipulator &astipulator 200 porales : ib. Senatus 14 Stillicidium 55 sacrae et profs tnae 52 legitimus 20 Stola 346 Restibilis ager 447, 454 Senatus consultum i 22,26 Stoiones 452 Retiarii 293 Sentina 338 Stragula vestis 367 Retinacula 340 Sepelire 398 Stramen 451 Reus 82 Sepes 450 Strenae 58, 412 Rex sacrorum 263 Septemtrio 461 Strigare 447 Rheda 460 Septemviri epulonum 261 Strigilis 372 Ricinium 347 Septum 86 Strophium 357 Ridimicula 340 Sepulchra 403, 405, 409 Suasor legis 82 Rogatio . 215 Sequestres 82 Subsellia 46, 112 Rogatores 88 Serae 434 Subscriptio consoria 116 Rogare legem, &c ib. S erica vestis 357 Subscriptores 219 Rogus 403 Serra 323 Subsignani 321 Romania 73 Servitus 229 Subsortirijudicem Rostra 75,339,474 Servitutes 54 Subtemen 436 Rubrica 191; , 356, 427 Sestertium 416 Subucula 351 Rudiarii 297 Sestertius 413, 415, 416 Succolare 459 Runcatio 448 Sexagenarii 87, 146 Sudarium 352 S Sibyllini libri 259 Sudatoria 371 Saburra 340 Sicarii 113,171 Suffitio 406 Saccus 379 Siglae 162 Sulci 447, 453 Sacer 89, 122 Sigma 367 Suovetaurilia 78 Sacrosancti 120, 127 Signa 320 Suppara 339 Sacramentum 199, 308 Signiferi 312 Supplicatio 273 Sagittarii 310 Signum pugnse 321 Surculi 453 Sagum 313, 352 Silicernium 407 Sylvanus 245 Sal et salinum 373 Silentium 83 Symbol um 360 Salices 449 Smegmata 356 Symbolumdare ib. Salii 264 Socci 353 Syngrapha 201,427 Salutatores 172 SodalesTitii 263 Synthesis 347, 372 Sandapila 399 Sol 242 T Sarcophagus 406 Solaria 282, 439 Tabellariua 427, 430 Saroulatio 448 Soleae 352, 353 Taberna 7 v 431 Sarculum 446 Solidus 414 Tabemaculum 83,255 Saracum 460 Solum 368 Tablinum 435 Satio 448 Sordida vestis 216 Tabulae 222 Satisdare 199 Sors 419 accepti& expensi 419 Satura lex 89 Sortes 257, 384 novae 50, 124 Saturnalia 286, 347 Sortitio 85,221 Tabularium 28 Satyrae 298 Spectio 84 Tabulata 55 Scalmus 338 Specularia 441 Talentum 414 Scamna 447 Speculators 317 Tali 383 ScandulcC 431 Speculum 355 Talio Scapus Spinther 357 Tarpeius 465 488 Tagt Tatienses 33, 89 Terminus 245 Tcgulae 439 Tela 436 Tempestivum conviv. 363 Templa 255 Teruncius 412 Tessella 441, 453 Tessera 316, 374 hospitalitatis 374 Tesseram confringere ib. Tesserae 383 Testae 380 Testamentum 58 Testes 223 Testimonium denunciare ib. Testudinea 331, 333 Textores Thalamegi Theatrum Thensa Thermae Tholus Thranitse Tibiae Tibialia Tirocinium Tirones Titulus Toga pexa .. .. praetexta — — pulla — — virilis Tollere filium Tomentum Tonsores Topiarii Topiariam facere Torcular Toreumata Torus et -al Trabea Traha Trama Translatitiaedicta 109, 142 Transvectio equitum 34 Tragsediae Triarii Tribunal Tribula Tribunus Celerum Tribuni comitiati, &c. 167 militaris 94,138,311 LATIN INDEX. _ . Page Trmum Nundinum 80, 280 Tripudium 83 Tripus 261 Triticum 449 Triumph us 325 Triumviri capitales 130 mensarii, &c. 139 epulones 261 monetales 131 nocturnae ib. 1 reipublicae consti- tuendae 95, 138 Trochus & Turbo 370 Tropaea 474 Tuba 317 Tumultus 307 T urn ul us inanis 395, 409 337 303 459 371 440 336 301 352 348 ib. 39,381,409 345 346 347 ib. 348 50 367 362 443 ib. 379 381 367 98, 254 451 437 300 309 111 451 99 laticlavii — — militares — — legionarii — — plebis Tribus Tributa Triclinium Trilix 311,350 94, 167 13, 166 120 90 64 365 437 Tunica palmata recta Tunicata Turma Turres Tutela legitiraa Tutores Tympanum U Udones Umbilicus Ultrotributa Umbo Umbrae Uncia Unguenta Unguentarius Univira Urbes Urna Ursa major Usucaptio Usura Usurpatio Usus Ususfructus Uti rogas Utres Uva Uxor V Vacatio militiae Vacantia bona Vacuna Vades Vallum Valvae Vale Vasarium Vaticanus Vectigales Vectigalia Vectores 349 350 ib. ib. 33 332 337 62 61 461 353 426 117 345 366 62,410,419 373 372 395 71 405 461 54 418 56 385 58 87 380 454 391 306 74 245 215 314 434 430 140 466 69 64 464 19< Vehes x 460 Vehicula 456 Vela 338 Velites 310 Vellum 424 Venalitii 41 Venatio 291 Venti 455 Ventilabrum 451 Verbera 229 Vergiliae 464 Vernae 42 Ver Sacrum 272 Versuram facere 420 Vertigo 45 Vervactum 447 Vespillones 399 Vestes variae 358 Vestibulum 397, 433 Vestis servilis 06 3 Veto 22, 121 Vexillum 320, 324 Vexillarii 331 Via 54 Viae 476' aciei 318 castrorum 315 Viaticum 140 Viatores 19, 136 Vicesima 65 Victoriati nummi 413 Vicarius servi 44 Videtur fecisse 225 Villa et villicus 441, 444 Viminalis mons 466 Vinaceus acinus 454 Vincula 228 Vindemia 454 Vindex, v expromissor 49 Vindicatio &c. 196,198 Vindicta 45 Vineae 333, 465 Virgines Vestales 267 Visceratio 275, 407 Vitrea specularia 441 Vittae 355 Vivaria 291, 442 Viviradices 452 Voloncs 43 Volsellae 356, 362 Volumen 426 Vomitoria 295 Vomunt ut edant 378 Vota 272 X Xenia 58, 384 Xystus 290, 470 Z Zeta 439 Zona 390 Zotheca 439 ISDEX OF PROPER NAMES AND THINGS. ACCUSER, in a criminal trial Page 219 Actions, real 196, personal, 200 ; penal, 203; mixt 206 Admiral, of the fleet 133 Advocates, sometimes hired persons to ap- plaud them while speaking 210 ^Ediles, plebeian and curule 126 JEgypt, prediction concerning, 232 ; Egyp- tian year 279 iElius Catus, why called wise, 73 jEneas, the names of 244 JEolus, god of the winds 246 ^sculapius, worshipped 240 Affronts, punished 205 Agriculture, encouraged 443 Agrippa, his advice to Augustus, 147; builds the Pantheon, 271 ; 468 ; and the harbour of -nsen an, 341; constructs pillars in the Circus, 288; and several aquaeducts 475 Allies, forces of, how raised and supported, 308, where posted, 312; in the camp, and why, 315, on march, 317; and in battle 319 Altars, 277 ; a place of refuge ib. Almathaea, the sybil 259 Ambustus, his daughters occasion an im- portant change in the government 105 Animals, how yoked, 458; and driven 463 Annals, how composeJ 250 Annalis, L. Villius, proposes a law to regu- late the age for enjoyiug offices 97 Antonius, C. expelled from the senate 17 Antonius, M. blamed for his marriage, 388, offers a crown to Caesar, 249, 266 ; his profusion 417 Apicius, his luxury and death ib. Apollo, names of 240 Appeal, liberty of 100, 2 13 Aquaeducts, 371, 475 Arches, triumphal 474 Assemblies of the people ; 74 ; by Curae, 90 ; by centuries, 76 ; by tribes, 89 ; broken off by what, 84 ; manner of hold- ing the assemblies by centuries, 84; by tribes, 91; Nocturnal Assemblies prohi- bited 173 Ashes and bones of the dead, how gathered, 405 ; and deposited ib. Assian stone, cotfins of 406 Athletic Games 291 Auction, form of 57 Augurs, 252 259 Augustus reforms the senate, 18 ; limits the time of its meeting, 20 ; regulates the Comitia, 93 ; gives his vote as an ordi- nary citizen, 94 ; becomes master of the empire, 139, 146 ; declines the title of e° Censor, 119 ; invested with the Tribu- nitian power, 126 ; rejects the dictator- ship, 130; consults with Agrippa and Maecenas about resigning his power, 147; makes a new partition of the pro- vinces, 144; and first appoints salaries to the provincial magistrates, 146, 270; his descendants might have long enjoy- ed the sovereignty, if he had possessed the wisdom to impose on himself and successors proper restraints against the abuse of power, 147 ; artfully establish- es his authority, 148 ; titles conferred on him, 148; power granted to him, 150; altars erected to him, 151; vows made for his safety, ib. ; rules at first with great moderation, 152 ; gradually enlarges his power, ib. so humbled the spirit of the Romans, that they never after made any joint effort to recover their liberty, ib. ; allows only particu- lar persons to answer on questions of law, and obliges the judges to follow their opinion, 164 ; changes the mode of enacting laws, 190; assumes the office of Pont if ex Maximum, 251 ; his superstition, 272; the month August called from his name, and why, 278 ; this said to be done by an order of the people, 148 ; restricts the license of di- vorces, 393 ; stations fleets in different places, 341; his ring, 355; wears seve- ral tunics, 350 ; did not shave till twen- ty-five, 361; sometimes clipped his beard, and sometimes shaved, 362 ; the sum he received in legacies, 416 ; a ci- vic crown and two laurel branches set up before his gate, 324, 434; puts to death some who refused to enlist, 306 ; refuses the title of Domin us, 427 ; adorns Rome, 432 ; his vanity on recovering from the Parthians the spoils taken from Crassus, 468 ; his death,§ 147 ; his tomb 408 Auspices, manner of taking 82 B Bachelors, punishment of 182 Bacchus, 284; his orgies, ib. festival of 284 Badges of the senators, 18; Equites, 33; kings 98; Consuls, 99; Praetor, 111; and Emperors 152 Bail, form of 195 Ball, game of 369 ; of four kinds ib. Barbers, first introduced from Sicily 361 Baths of different kinds, 369 ; first built, 371 ; parts of, ib. time and manner of bathing 271 Beard, how shaven 361 490 INDIA Belt, or girdle, when used 349 Bears, constellation of 461 Bibulus, weak conduct of 175 Bonds, used in all important contracts 199 -exchanged between Augustus and Antony, &c. 201 Bona Dea, festival of 284 Books, kixidj of 426 Bootes, constellation of 461 lets, 374 cches, not worn by the Romans 301, 352 Bridges, number of 478 Brutus, the conspiracy of his sons 45 Burning the dead, custom of, whence de- rived and when dropt, 397 ; what per- sons were not burnt, ib. ; why forbid- den in the city 402 Burial, places of ib. Buying and selling, form of 200, 201 C Caere, the people of, receive, the Vestal Virgins 48 Caesar, Julius, vilifies the authority of the senate, 30 ; abridges the rights of the people, 93 ; oppresses the liberty of his country, 95 ; province appointed to him by the senate, 100 ; reduces the power of the consuls, 107 ; made perpetual dictator, ib. 136 ; makes a review of the people, 124; his pretext for .crossing, the Rubicon, 122, 126 ; his popular laws, 175 ; proposed to arrange all the laws, 177 ; an instance of his surpri- sing presence of mind, 256 ; warned of his death, 275 ; regulates the year, 279 ; the saying of Sylla concerning him, 349 ; divorces Pompeia and why, 393 ; his at- tention to dress, 349, 353 ; why pleased with a laurel crown, 354; his ring, 360 ; his debts and bribes, 417 ; maimer of writing his letters to the senate, 428 ; about things he wished to keep secret, 430 ; murdered in the senate-house, 95, 354 ; a temple and priests consecrated to him, 154, 266; senators slain at his altar 276 Cadmus, brought letters into Greece 423 Calendars, why so called 249 Calpurnia, the dream of 440 Camp, form of - 314 Candidates, theirdress and manner of can- vassing, 81 ; how elected 88 Capital trials 214 Capitoline marbles, why ao called 249 Capua, punished 68 Carriages, 456 465 Carvelius Ruga, the first who divorced his wife 393 C,astor and Pollux 21 Cato, ordered to be led to prison, 2 !, 176 ; sent to reduce Cyprus, ] 70; his dress 349 Cavalry, how chosen, 307 ; their arms and dress, 310 ; their place in the camp, 315 ; and in battle 319 Censors, their institution; 114; their office, 115; their power, 117, 1 19 ; discontinu- ed under the emperors 119 Censorinus, whence called ib. Centurion, badge of 311 Cerberus 246 Cerus, 236 ; her mysteries ib. Chariot races 288 Charon, ferryman of hell 246, 397 Chimneys, anciently not used in Rome 438 Chorus, why suppressed 301 Christianity, established by Constantine 65 Christians, their meetings prohibited, and why, 174 ; often exposed to wild beasts 291 Cicero unites the senate with the Equitcs t 31 ; gets the province of Cilicia against . his will, 104 ; made quaestor, 16 ; called Father of his Country, 148 ; hindered by a tribune from making a speech to the people, when he resigned the consulship^ 103 ; promotes the ambitious designs of Caesar, contrary to his own judgment, 140; is banished, 169; his laws, 189; the senate change their habit on his ac- count, 316 ; his death 221 Ceilings, how adorned 441 Cities, formalities in founding, 70 ; in des- troying, 71 ; their walls sacred ib. Citizens, rights of, 48 ; could not lose the freedom of the city against their will, 66, 171 ; could not be scourged 184 The civil law, study of, revived in Eu- rope 188 Civil trials 193 Claudius, P. punished for slighting the omens 255 Claudius, Emperor, abridges the number of holy days, and why 287 Claudius, App. decemvir 138 Cacus, supposed cause of his blind- ness 266 Classes, into which the people were divi- ded, 76; whence classes of scholars, Quinctil. i. 2. 23. x. 5. 21. and of work* men, Columetl. i. 9. 7. Cloacina 245 Clothes, of different kinds 358 Cloth, how wrought 437 Clodius restricts the powers of the Cen- sors, 119; adopted by a plebeian, 50; made tribune, 120; the enemy of Cice- ro, ib. ; his laws, 108 ; tried for violat- ing the sacred rites of the Bona Dea, 173 ; killed by the slaves of Milo, 184 ; and burnt in the Forum 404 Clients, dole given to 378 Coffin, 398; how deposited 406* Coins, kinds of, 412 ; put in the mouth of the deceased 397 Colleges of priests, k.c. 262 Colonies, manner of settling, 71 ; of differ- ent kinds ib. Columns, kinds of 473 Comedy ancient, middle, and new, 299 ; 300 : writer? in each **• OF PROPER NAMES ASD THftVG: 491 Command, military, how c o Coiisub, respect shown them by the senate, 21 ; by others. 101, 103 ; their pc 100, 306 ; when instituted. 94 : their badges, 100 ; time of entering on their office, 102 : with what solemuitie: was done, 103; their provinces, 104; from what order created. 105 ; their te under the Empe. 107 Consuls elect, first asked their opinion in the senate. 22 ; and why 103 Consecration of the Emperors 410 Consen:: .-o called 240 Constantinople, taken by the Turks 73 Cooks, from Sicily 376 Corn given to the poorer citizens, 166, 186 Coruncanius, the first who gave his advice freely, 162 ; first plebeian Punlifcz Max- imum 248 Couches, for reclining on at meat, 365 ; ad number of in a room, 366 : their form, ib. 357 ; and covering, ib. fune- ral couches Crassus, « 416 Criminals, dress of, £.2, 210; after sen- tence used anciently to be punished without delay; but this was altered by Tiberius, 928; how treated after death 230, 406 Crowns, given as rewards 323; used at feast: put on the head of the de- ceased Cups, kinds of Cupid Curio turns two theatres into an amphi- theatre on the same day, 303 ; his cor- ruption and fate 417 Curius Deutatus Cybele. 241 ; pries 207 ops Cypress, used at funerals 3C J 7 D Damage, repaired 204 Daughters, how named 39 Day, division of, 283 ; common and holy da ifc, Debtors, cruel law concerning 49 Decamping, manner of 317 Decemvirs, why created Dessert, fruits and sweetmeats 368 Devoted to one's service, origin of the ph.- I49 Dials, first invented 2C2 Diana 240 Dice, game of Dictator, first made, 134; causes of cre- ating this magistrate, ib. his badges and power, 137; this office intermitted for 120 years before iboliahed after the death of Caesar &. Dishes, kinds of, 375 ; how brought in 368. Divorces, form of 394 Dogs, employed to guard the temples, 434 ; why impaled, ib. Dc. 58 Door, opened outwards, 434 ; fecured by bars. &:c. ib. Dowries, diversity of 387 Dramatic entertainments, first introduced from a religious motive, 298 ; often in- terrupted by the people calling for other shows 302 Dress, of men, 345 ; in public and private, : of women, 306, 354, 355 ; of boys and girls, 348 ; of soldiers, 313, 351 ; of generals in a triumph, 327. 350; of se- nators, ib. of priests, 251, 254, 262, 263, 265, 269, 347 ; of poor people, 350 ; and of slaves, 363; of the dead 396 Drinking healths 382 Driver, of carriages 463 Drusus, Livius, laws of, 179 ; and death, ib. his saving about his house 418 E Ear rings 357 Edicts, of the praetor, 109 ; of other magis- trates no Election of magistrates, under the repub- lic, 78, 87, 91, 97; under the Empe- rors 94 Embalming, cause of it 402 Emperors, their titles, 148 ; their power, 150 : their badges 152 Entertainments, expenses ofilirnited by law, 165. 172, 177; of different kinds 378 Entrails, how inspected 274 Epitaph, form of 409 Ephori, at Sparta, resembled the tribunes at Rome 122 estrian order, its institution, 33; badg- es and office 34 Es'imate of ?~. howmade 75,116 Evidence, kin 222 Exceptions, how expressed 202 utioner, 156 Exercises, kinds of, 369 ; the army 317 ¥ Fabius, his manner of declaring war on Carthage 346 Fabius Maximus, Prodictator 135 Falsehood, punished 118, 181 Family, right of 50) attics, whence callel 259 Farmers, kinds of 443 Fates 242 Faunu3 345 Fascinus 245 Fences, kinds of 444 of different soi 443 , stated. 283 ; moveable, 236; oc- casional, ib. number of, hurtful Fines, extent of N 166 Fish, the Romans fond of 375 Fish-ponds, value of 418 Flax, for what used 449 Flameu of Jupiter 16, - Flaminius, destruction of 135 Flavius, why made JEdile 162 Fleet. Roman, where stationed 133.341 Flutes, of different kinds 301 13; featiyalof > ZS-i 492 INDEX Foundlings, state of, Plin. ep. x. 71. & 72. Foreigners, their state at Rome disagree- able 73, 177 Fox, why burnt as a sacrifice to Ceres 236 Freedmen, insolence of 438 Freedom of the city first granted to physi- cians and the professors of the liberal arts, by Caesar 176 Friends, how some testified their affec- tion 405 Funerals, why so much attended to, 395 ; public and private, 397 ; funeral couch- es, 399 ; private funerals celebrated by night, and public by day, 400 ; ceremo- nies of both, 400,-410; funeral procession, 399 ; funeral oration, 401 ; first made by Foplicola in honour of Brutus, ib. and by Catulus, in praise of his mother Popilia, ib ; funeral pile, 403 ; animals thrown into it, 405 ; some persons came to life on it ib. Furies 242 G Games, ordinary and extraordinary, 287 ; of the circus ib. Gardens 442 Gates, how adorned 434 of Rome 466 Genius 242 Germans, their manner of forming con- jectures about futurity 257 Gladiators, different kinds of, 292 ; where exhibited, 294 ; their manner of fighting, 296 ; prizes given to the victors, 297 Glass, invention of 441 Government of Rome, originally aristo- cratical, 78 ; brought to a just equilibri- wn t 124 ; worst kind of despotism under the Emperors 152 Graces 238 Gracchi, their laws, 275 ; and fate 125 Grain, kinds of 449 Guardians, appointed of 62 H Hair, perfumed at feasts, 373 ; how dress- ed by women, :>54 ; by men, 361 ; not cut at sea, 363 ; method of pulling out small hairs 362 Hay, making of 378 Harbours, how fortified 344 Heathens, whence named 65 Heirs, how appointed 60 Helena 244 Heliogabalus, first wore a robe of pure silk 357 Heralds, or public criers 106 Hermodorus 138 Hercules, his labours 243 Hiero, his regulations concerning the let- ting of lands in Sicily adopted by the Romans 175 Hieroglyphics, use of 423 Hills of Rome 465 Hospitality, inviolable 374 Houses, regulations concerning, 55, 433 ; .ft reifts and prices of 418 Household gods 244 Hour glasses 211 Human sacrifices 217, 285- Hymen & -asus I Idolatry, origin of 245 285 Injuries, how punished 206 Ingrafting, manner of 453 Illegitimate children, state of 388 Images, what and where kept, 37; carried at funerals 400 Indian wise men burnt themselves, 397 ; also wives on the piles of their hus- bands 405 Inheritances, form of entering upon 62 Infants, often exposed 51 Interest of money 41S Interring the dead, most ancient, 396 ; 402 ; and most natural ib. Instruments, used in writing, 425, in hus- bandry, 446 ; for fixing burdens on the back of slaves, 500 ; for driving animals in a carriage 463 Inns, anciently few 374 Interrex, particulars concerning 80, 94 97, 99 Irnerius, revives the study of the civil law 192 Italians, their right 68 J Janus, how represented 241 Jews, their manner of burial 405 Judges, of different kinds, 206 ; appoint- ment of, 208 ; chosen from what order ib. Judgment, manner of pronouncing, 211 its effects 212 Jugurthine war 125 Julian year 280 Juno, how represented 235 Jupiter, his names and attributes 234 K Kings 94, 98 L Landed estates, too large, hurtful, 500 ; the value of lands in Italy raised by a law of Trajan ib. & 93 Lartius, first dictator 134 Latins, their rights 67 Latin tongue, the Italian states prohibited the use of it 388 Laurentia, nurse of Romulus 262 Laverna 245 Laws of Rome, at first few, 137 ; of the 12 tables 138, 161 ; causes of new laws, 157; time between proposing and passing a law, 80, 82, 197 ; how passed, 85, 88, 91; certain laws excite great attention, 124, by what name distinguished, 157 ; spe- cies of the Roman law, 160 ; laws of the Emperors, 33, 190 ; collected by the or- der of Justinian 191 Lawyers, origin of, 163; manner of con- sulting them, ib. under the republic, not permitted to tal Vertumnus 245 Vespasian, the first who made laws with- out consulting the senate, 32 ; the sum he said was necessary to support the state 416 Vesta, the goddess of fire 236 Vestal Virgins 267 Victims, white, from the river Clitumnua 275 Vineyards, 379 ; how planted 453 Villas, how laid out 442 Villi us, why called Awn a lis 9? Virginia, killed by her father 138 Virtues, worshipped 253 Vitellius, luxury of 377 Vomit, custom of taking before and after supper 378 Vows, how made 271 Vulcanus, 326 ; his workshop where 27 1 W War, how proclaimed 305 Watch word, how given Wealth, instances of 416 W T eeks, division of time by, not used by the ancient Romans 280 Weights, English and Roman 410 VY ife, properties of a good one 435 Winds 246, 455 Wine, manner of making, 379 ; kinds of 380 ; used to be boiled that it might keep ^ <9 Witnesses, form of making them, 193 ; dif- ferent kinds of, 223; how summoned 209, 223 Women, excluded from inheritances, 190, their clothes, 346; their shoes, 353; head-dress, 354 ; paint, 356 ; industry, 435 ; apartment among the Greeks, 439 Wood, used for firing 438 Writing, materials for, 423, 425 ; manner of 426 Windows, how made 441 Wheel, for raising water 461 Y Year, how divided by Romulus, 278 ; by Julius Caesar, 279 ; by Pope Gregory, ib. by the ^Egyptians 280 Young men, at what, age they assumed the Toga Virilis, 347; peculiarity in their manner of wearing it for the first year, • 348 ; when they began to shave, 361 ; consecrated the first growthof the beard, and also their hair, to some deity its