MASTER NEGA TIVE NO . 92 -80665 MICROFILMED 1992 COLUMBIA UNIVERSITY LIBRARIES/NEW YORK as part of the "Foundations of Western Civilization Preservation Project" Funded by the NATIONAL ENDOWMENT FOR THE HUMANITIES Reproductions may not be made without permission from Columbia University Library COPYRIGHT STATEMENT The copyright law of the United States - Title 17, United States Code ~ concerns the making of photocopies or other reproductions of copyrighted material... Columbia University Library reserves the right to refuse to accept a copy order if, in its judgement, fulfillment of the order would involve violation of the copyright law. AUTHOR: GOW, JAMES TITLE: COMPANION TO SCHOOL CLASSICS PLACE: LONDON DA TE : 1889 Restrictions on Use: COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DEPARTMENT BIBLIOGRAPHIC MICROFORM TARGET Original Material as Filmed - Existing Bibliographic Record M l rnn^.u i iMj»n i 9vi mw 1. I,. iJiiM'IU .iJiimpi.iiiiBPlMl *; 886 G74 Gcw , James, 1854-1923. A oompanion to aohool classios, by James Gon..^ 2nd« ed.,rev. London, Uaomillan, 1889« . xiXf374 p, plates 18|- oza* Copy in Glaoaioo R e adinG Rooiai 18 0f u Master Negative # TECHNICAL MICROFORM DATA FILM SIZE: ^S M,M REDUCTION RATIO: IMAGE PLACEMENT: \K M^ IB IIB / DATE FILMED:___5^2-ZZ- INITIALS. M^ HLMEDBY: RESEARCH PUBLICATIONS. INC WOODBRIDGE. 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D., • • » HRAD MASTER OK THE HIOH SCHOOL, NOTTINGHAM ; LATE FELLOW OF TEINITY COLLEGE, CAMBRIIX;E j SECOND EDITION, REVISED MACMILLAN AND AND NEW YORK 1889 All rights reserved CO Coins and Symbola.— 5e€ page xix. 1^ \ Robert M.icLeh««. Priuter t.i the University. Ulaagow. First Edition, 1888. I PEEFACE. This little book is founded, in the main, on notes which I have from time to time dictated to my pupils. Its scope has thus been limited by practical considerations, which I have vaguely indicated by calling it, '* A Com- panion to School Classics." By * school classics ' I mean classics with commentaries for use in schools, and by describing the book as a * companion ' to these, I mean that it attempts to give the information which a com- mentator is, from the nature of his task, compelled to assume even in a young student. There are subjects which are of constant and vital interest for very large groups of familiar authors. Textual criticism is ob- viously one, the customs of the Theatre another. Simi- larly, the historians and orators can hardly be under- stood without a clear grasp of the Public Economy of Athens and Kome, and (not to mention Plato or Lucretius) Euripides, Aristophanes, Cicero, and Horace, teem with allusions to Philosophy. A commentary on a particular text cannot deal at large with these subjects, or any of them ; neither does a dictionary, in which the I ^ articles are dislocated by their alphabetical order. In \a 5 w^orks of either kind, a vast mass of details is presented, ^ but not the history or theory by which such details can be correlated, and through which they are most easily remembered. The bones, as it were, are given in a heap Ifv '^ ^ I 99495 VI PREFACE. !l \ • to a student who has no idea of a skeleton Here is the defect which I am trying partly to supply by collect- ing, in this volume, a few little manuals on the important subiects above mentioned. . Within its limited range the book is mtended to give from the latest and best authorities, a summary oi essential facts and rules, arranged in their logical or his- torical connexions. I have endeavoured to be bnef and accurate and clear, without grudging useful repetitions or omitting significant details. I have, however, seldom referred to rare exceptions (unless they are mstructive) or cited particular passages of the classics. My aim is rather to place before a young student a nucleus of well- ordered knowledge, to which he is to add intelligent notes and illustrations from his daily reading^ I have omitted Homer in deference to Prof. Jebbs brilliant Introduction (MacLehose). I have omitted Religion, Art, Private Law, Topography, Strategy etc., because school classics, almost by definition, do not often raise questions on these topics. PREFACE TO THE SECOND EDITION. The passages reprinted above from the original preface will suffice to explain the scope and raison d'etre ot this book. I will repeat, also, the remark that a book of this kind ouc^ht to be produced under the supenntendence ot a committee, though this is more applicable to a first than to a second edition. The difficulties which beset the undertaking are such that, if one man is to surmount them at all, he must, the first time, do it at a rush. At PREFACE. VII the second attempt, the work is both far easier in itself and also admits of more effective assistance. This second edition has been required so soon after the first, that I have not had time to do more than to thoroughly revise the book as it stood, correcting the patent misprints and blunders, and re-writing those passages on which I now have better information or clearer ideas. The paragraphs on Books and Palaeo- graphy and the whole of the sections on Greece and Rome have very greatly profited by this revision. For the chief improvements I am indebted partly to some new authorities (notably to Lipsius' edition of Meier und Schoemann) and partly to the generous help of Mr. E. Maunde Thompson, Chief Librarian of the British Museum ; Mr. F. Haverfield of Lancing College ; and, especially, Mr. H. F. Pelham of Exeter College, Oxford, who has given me a commentary on most of the section on Rome. For many minor corrections, I have to thank Dr. Postgate and Mr. R. D. Hicks of Trinity College, Cambridge, Mr. A. S. Walpole of Rossall, and Dr. W. Nitsche of Berlin. I had to acknowledge, in the first edition, the kindness of some of these gentlemen, and ulso of Mr. A. S. Murray and Mr. Barclay Head of the British Museum, Dr. Henry Jackson of Trinity College, Cambridge, my colleague Mr. S. Corner, and Prof. Ridgeway of the Queen's College, Cork. Want of time has prevented me from considering the additions kindly suggested by some reviewers and correspondents. The book is founded, in the main, on the following authorities. Of encyclopaedic works, I have used Iwan Miiller's Encycl. der Klassichen Altertu'insmssenschaft (still incomplete) in the first three sections : Freund's Triennium Philologicum once or twice on Texts : r 1 VIU PREFACK. Baumeister's Dmkmahr des Kh^doUn Altertmm on Theatre. Besides these, and far more than these, I have used :-For Section A, (1) on Alphabets, Kirchhoffs Zur Geschidite des Oriech. Alphabets, and Maunde Thompson on Palaeography in the Ency. Brit., 9th ed. (2) Un Books, Birt's Antikes Buchwesen, and Maunde Thompson on Papyrus and Parchment in Ency. Brit. (3) On Textual Criticism, Madvig's Adversaria Critica,\o\. I., and Hammond's Criticism of the New Testament. (4> On Famous Scholars, Pokel's Philologisclm Schriftstelhr- lexikon (5) On Pronunciation, Blass's Aussprache des Griech For Section B, Gilbert's Griechisclie Staatsalter- mrner, Meier und Schoemann's Be,- Attische Proem (new ed 1887, by Lipsius), and Curtius' Griech. Geschichte, Vol. II. (new ed. 1888). For Section C, Bouch6- Leclerq's Manuel des Institutions Eomaines, WiUems' Le Droit Public Romain, Mommsen's Rom. Staatsrecht (new ed 1887), and H. F. Pelham's article Rome in Ency. Brit For Section D, Muller's Griech. BiHinenaUertHmer. For Section E, Eitter and Preller's Historia Philosophiae, Schwegler's and Zeller's Histories as translated, J. B. Mayor's Sketch, and the several articles by H. Jackson and K. I). Hicks in Ency. Brit. nn. i .. Of the illustrations, the frontispiece is new. Ihe plate of alphabets is extracted from Baumeister, the facsimiles of mss. from the publications of the Palaeographical Society The plans of Athens and Rome are taken, with little alteration, from Menke's Orbis Antiqui Desci-iptw, and the figures of actors from plates in Baumeister. J. G. Nottingham, December, 1888. CONTENTS. A. CLASSICAL TEXTS. L Thk Greek Alphabet. PAGE L Its Source, 1 2. Date, 2 3. The Phoenician Alphabet, 4 4. The Ionic, Chalcidic, and Attic Alphabets, . . 7 5. Direction of Writing, 9 6. Minuscules, IQ 7. Accents, etc., ........ 11 8. Numerals, H II. The Latin Alphabet. 9. Its Source, 13 10. Numerals, 14 11. Minuscules, 14 III. Books and Their Publication. 12. Form of a Book, etc., 17 13. Publication, 21 14. Editions, . 23 16. Commentaries, 24 IV. The History of Classical Manuscripts. 16. Decline of Latin Learning, 25 17. Revival of Latin Learning, 27 18. Revival of Greek, 29 (6) Facts thus explained, ,30 ix li m ^ CONTENTS. V. Modern Libraries of Classical MSS. 19. (a) Italian, (6) French, (c) Swiss, {d) English,^ (e) Flemish, {/) German, (.7) Danish, {h) Austrian, {i) Spanish, VI. Apparatus Critici. 20. Modes of naming Mss., 21. Mss. of Greek Poets, . • • • 22. Mss. of Greek Prose Writers, . 23. Mss. of Latin Poets, . . • • 24. Mss. of Latin Prose Writers VII. Textual Criticism. 25. Conditions of the Task, 26. Intentional Errors in Mss. , 27. Unavoidable Errors, . 28. Accidental Errors, 29. Preparation of a Text, 30. Conjecture, 31. Examples of Conjecture, 31* Ancient Variants and Rival Conjectures, VIII. Famous Scholars. 32. List of Famous Scholars, . . • • IX. Dialects and Pronunciation. 33. Distribution of Greek Dialects, . 34 Greek Pronunciation 35! Distinctive Characters of the Greek Dialects, 36. Latin Pronunciation of Augustan Age, B. GREECE. X. Greek Chronology. 37. The Day, . • • 38. The Month, 39. The Year, . 40. The Era, . 41. Greek Festivals, PAGE 31 33 35 38 41 45 47 49 50 51 57 59 60 65 66 69 71 74 76 is 79 80 82 83 CONTENTS. XI. .Greek Metrology. 42. Linear Measure, 43. Square Measure, 44. English Equivalents, . 45. Measures of Capacity, 46. Weights and Money, 47. Purchasing Power of Money XII. History of Athenian Government. 48. Before Solon, .' 49. Reforms of Solon, 50. Reforms of Cleisthenes, 61. Reforms of Aristeides, 52. Reforms of Pericles, 52* A Brief Scheme of Athenian Economy, XIII. Population of Attica. 53. Slaves, 54. Metics, 55. Citizens, • • • « 66. Divisions of Citizens, tpvX'^, dij/xos, etc., XIV. The Athenian Officials. 57. Officials in General, 58. The Strategoi, 59. Minor Military Officers, 60. Officers of the Treasury, 61. The Archons, 62. Minor Civil Officials, 63. Extraordinary Officials, XV. Athenian Deliberative Assemblie:^ 64. Relation of the Assemblies to the Officials, 65. The )8ou\^ 66. The Areopagus, ..... 67. TheEcclesia, . . XVI. The Athenian Army and Fleet. 68. Composition of the Army, ... 69. Service in the Field, .... 70. The Fleet XI PAGE 85 86 86 87 88 8» 90 94 97 98 99 100 101 102 103 106 108 110 111 111 113 114 114 115 115 117 118 122 123 123 I )i. r Xll CONTENTS. XVII. Athenian Legal Procedure. 71. Jurisdictions, 72. Juries, 73. Cases, 74. Legal Procedure, 75i Execution of Judgment, XVIII. Athenian Finance. 76. Expenditure, . • • . • 77. Income— (a) Ordinary, (6) Extraordinary, XIX. Sparta. 78. Population of Laconia, 79. Government of Sparta, 80. Military Discipline of Spartans, 81. Service in the Field, . 82. Navy, XX. Colonies and Cleruchies. 83. Foundation of a Colony, 84. Its Relation to the Mother-Country, 85. Athenian Cleruchies, . 85* Proxeuoi, 85+ Amphictyonies, . • . C. ROME. XXI. Roman Chronology. 86. The Day, . 87. The Month, 88. The Year, . 89. The Era, . 90. Holy Days, ^ XXII. Roman Metrology. 91. The Unit of Measurement, 92. Weights, 93. Money, 94. Linear Measure, .... 95. Square Measure, .... PAGE 124 125 127 12S 130 131 131 134 135 137 138 139 139 140 140 141 142 143 143 144 147 147 149 149 149 151 152 (JONTKNTS. 96. Value in English Measures, 97. Measures of Capacity, 97* Calculation of Interest, XXIII. History of Roman Government 98. Complexity of the Facts, . 99. Rome under the Kings, 100. Reforms of Servius TuUius, . 101. Reforms demanded by the Patricians, 102. Reforms demanded by the Plebs, 103. Successes of the Plebs, 104. Effects of the Conquest of Italy 105. Effects of Foreign Conquests, 106. Introduction of a Standing Army 107. The Army divided, 108. Sulla's Dictatorship, . 109. The Army again divided, 110. Caesar's Power, . 111. Augustus's Power, 112. The later Emperors, . XXIV. Rome under the Kings 113. Roman Conservatism, . 114. The People under the Kings, 115. The King, 116. The Senate,. .... 117. The Comitia Curiata, . lis. The Comitia Centuriata, xiu PAGE 152 152 153 154 155 155 156 156 158 159 160 161 161 162 163 164 164 165 166 166 168 170 170 170 XXV. The Republic of Rome. (a) The Magisfraten. 119. Classification of the Magistrates, 170 120. The Consuls, -174 121. The Praetors, . . . . ' 175 122. The Censors, .... 177 123. The Tribunes, - . via 124. TheAediles, ••-.'.. 179 126. The Quaestors, ^^ PI XIV CONTENTS. 127. The Dictator and Magister Equituiii, . 128. Promagistrates, . , 129. Minor Officers, . • ... (^) Characteristics of Magistracy. 130. Powers and Insignia^ . 131. Conflicts between Magistrates, 132. Candidature, 133. Election and Abdication, . 134. Responsibility of Magistrates, (7) Religious Functionaries. 135. Priestly Colleges, 135* Summary of Roman Economy about B.C. 70, (6) Deliberative Assemblies. §§ 136-139. The Senate. 136. Constitutional Position of the Senate, . 137. Composition of the Senate, . . . • 138. Procedure of Debate in the Senate, 139. Powers of the Senate, §§ 140-144. The Comitia. 140. Value of a Vote in the Comitia, .... 141. The Comitia, Curiata, Centuriata, and Tributa, . 142. Functions of those Comitia, .... 143. Sacerdotal Comitia, 144. Comitia CcUata, (c) Classes of the Free People. 145. Cives proper, 146. Libertiniy 147. Cives sine Suffrayio, 148. Capitis Deminutio 149. Equites, 150. 2fobiles, 151. Number of Citizens, (f) Government of Italy and the Provinces. 152. Municipia and Civitates Foederatae, . 153. Colonies, PAGE 181 182 183 184 185 186 187 188 189 191 193 193 195 196 199 200 204 206 206 206 207 208 208 209 209 210 210 211 154. 155. 156. 157. 158. 159. 160. 161. CONTENTS. Local Government in Italy, . . Provinces, XXVI. The Imperial Government. The Triumvirate, .... Augustus as Emperor, .... Successors of Augustus, The Old Magistracies under the Empire, The Senate, . The Comitia, 162. 163. 164. 166. 166. 167. §§ 162-166 Praefecti PraetoriOf Praefectus Urbi, . Praefectus Annonae, Praefectus Vigilum, Curatores and Scribae The Provinces, Imperial Officers. XXVII. The Roman Army. §§ 168-176. The Army under the Republic 168. The Legion, 169. Citizen-Soldiers, . 170. A Levy, . 171. Socii and Auxilia, 172. The Legion in the Field, 173. The Marian Army, 174. The Camp, . 175. Pay 176. Honours and Punishments, §§ 177-181. The Army under the Umpire 177. Recruiting, . 178. The Imperial Legions, . 179. The Praetorian Guard, 180. The Cohortes Urbanae^ 181. The Cohortes VigUuniy . XXVIIL The Roman Navy. 182. Ships of the Fleet, 183. The Crews, ... XV PAGE 212 213 214 215 216 217 217 218 219 219 220 220 221 221 223 224 225 226 227 228 229 229 230 231 231 232 233 2.33 234 234 XVI CONTENTS. CONTENTS. XVll It* 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. XXIX. Roman Law. In Regal Times, .... §§ 185-193. Under the Republic Sources of Law, . Jurisdictions, Juries, Jurisdiction outside Rome, Procedure in Earliest Times, Legis ActioneSt Formulae^ . . . • Lawyers, . . • • Criminal Trials, . §§ 194-195. Under the Empire Sources of Law, . Jurisdiction, VAGE 235 236 237 239 XXX. Roman Finance. 241 241 242 243 247 247 251 251 253 Expenditure, ^54 Receipts, 257 Financial Management, * " * ' ' 25" The Aerarium and Fiscus, D. THE DRAMA. XXXI. The Greek Drama. 259 260 261 263 200. Origin of Greek Drama, 201. Rise of Tragedy 202. Trilogies, 203. Satyric Drama, ~~^^ 204. Rise of Comedy, 205. Structure of a Tragedy, 206. Parabasis of Comedy, 207. Number of Actors, • * 208. Number of the Chorus, 209. Festivals of Dionysus in Athens, 210. Dramatic Contests, 211. Preparation of a Play, 264 265 266 267 267 268 269 212. The Theatre, 213. Details of the diarpov, 214. Details of the 6pxfi<7Tpa, 215. Details of the Xoyetov, 216. Stage Machinery, 216* Delivery of the Play, 217. Movements of the Chorus, 218. Costumes of the Actors, 219. The Public, XXXII. Tlie Roman Drama. Zeno) Cyn ics, Cyrenaics), PAGE 271 274 274 276 278 279 280 281 286 220. The Roman Theatre, 287 221. History of Roman Drama, ' 007 222. Palliatae, • * * 289 223. Production of a Play, ...... 290 E. XXXIII. Philosophy. 224. Pre-Socratic Philosophy, 225. Thales, 226. Anaximander, 227. Anaximenes, 228. Heraclitus, 229. Pythagoras, 230. Eleatics (Parmenides, 231. Empedocles, 232. Anaxagoras, 233. Democritus, 234. The Sophists, . 235. Socrates, 236. The Lesser Socratics (Megarians, 237. Plato, 238. The Ideal Theory, 239. Platonic Ethics, 240. Plato's Writings, 241. Aristotle, . 242. Aristotle's Works, 243. Aristotelian Tenets, 244. The Sceptics, 245. The Stoics, 291 293 293 294 294 294 297 299 299 300 301 303 306 307 308 310 311 311 312 313 316 316 P f f <;! xvin 246. Stoic Logic, 247. Stoic Physics, 248. Stoic Ethics, 249. Epicurus, . 250. Epicurean Tenets, 251. Later Academics, 252. Later Peripatetics, 253. Later Stoics, 254. Roman Philosophy, Index— Greek, Latin, English, CONTENTS. »» «> PAGE 318 319 320 322 323 325 325 326 326 329 337 348 LIST OF PLATES. Coins and Symbola, Ancient Alphabets, Facsimiles of Mss., Plans of Athens, etc.. Plans of Rome, etc., Type of Greek Theatre, Athenian Theatre, Tragic Actor, Comic Actor, Comic Mask, Frontispiece. . . 16 opp. 40, 41 142 143 272 273 283 284 285 »» >> %• I DESCRIPTION OF PLATES. XIX (a) Description of Froxtispiece. 1. Athenian Tetradrachmon, ^ 2. „ Drachma, I Silver, of about B.C. 380, infra, 3. ,, Triobolon, j p. 88. 4. „ Obol, J 5. Ticket for Athenian Theatre (bone), (Brit. Mus. ), infra, p. 286. 6. Ticket of Athenian Dikast (bronze), showing his name {ApLuiv AptaTod-fifiov Kodcddvs) and the number (7) of his group (Brit. AJus.), infra, p. 126. 7. Aureus of Augustus, infra, p. 150. 8. Denarius „ (silver), infra, p. 151. 9. Dupondius of Tiberius, showing head of Livia. [This is the middle brass of collectors, distinguished from the large brass (sestertius) and " small brass " (as).] 10. Republican Sesterce (silver) of the third century b c (first issue), p. 150. ^ • • V (N.B.-It must be remembered that the coins are thicker and Heavier than hnglish coins of the same surface. ) (6) Description of Facsimiles between pp. 40, 41. 1. Greek Uncials (or Capitals). Iliad xxiv. 692 w., from the Bankes Papyrus (Brit. Mus.), probably of the second century. 2. Greek Minuscules (sometimes called Cursive) Iliad vi 206 •W, from the Townleyms. (Brit. Mus.), written probably m 1255 with scholia and interlinear notes. (Observe /k drjfiuvdffTjs as note to iriKre. ) Iota is here adscript 3. Latm Capitals ("Rustic " or rudely formed). Vers A en vi 45-48, from the Schedae Vaticanae, probably of the fourth century. 4. Latin Uncials. Part of Livy xxii. 42, from the Paris Codex (No. 5730), wrUten in the sixth century. (Notice the forms of A, D, E, H, L, M.) 5. Latin Minuscules (Caroline). Terence, Anriria, prologue I 20 sqq., from the Paris illustrated Codex (Anc Fonds Latin No. 7899), written in the tenth century. The mar- ginal commentary (of Aelius Donatus, about a.d 350) hegina-.—Mecte: Nam quiesce illi dicitur qui est insoleiu et mquietus. 2. Porro : infvturum dixit. 3. Jam ad audi- tores conuertU a qmbus cepit fauete : Quasi dicat • hec adwersarnf admit ; uos autem quod in nobis est fauete, etc. J^'^'T^i^^ ^^^^^ here given are those assigned by the editors ot I he Palaeographtcal Society's Publications. They differ in some cases, considerably from those assigned by editors of' the texts. ) I 'Ml A. CLASSICAL TEXTS. L THE GREEK ALPHABET. 8' L Its Source.— Many Greek alphabets, differin^ from one another in numerous details, are known to us from inscriptions on stone or pottery, written in various districts and at various dates, but the letters which we now print and write, and in which all Greek literature, properly so called, has come down to us, belong to the Ionic alphabet which, after its formal adoption at Athens, B.C. 403, soon came into universal use. All the Greek alphabets, however, are in the main identical in the names, forms, and order of the letters with the Phoenician or old Semitic alphabet. As the Phoenician civilization was beyond question much older than the Greek, and as the Phoenicians also beyond question had numerous ancient settlements in Greece, especially on the islands of the Aegean, it is natural to conclude that the Greek alphabets were derived from the Phoenician. And this was, with some limitations, the universal belief of the Greeks themselves. Their legends indeed attributed to various persons, especially to Pala- HI .' I 2 CLASSICAL TKXTS. medes, a nephew of Agamemnon, and to Simonides of Ceos, the famous poet, some share in the formation of the complete Greek alphabet, but they agreed with Herodotus (v. 58, 59) that most of their letters (not less than 16) were introduced by Cadmus, a Phoenician who settled in Boeotia. The name *Kadmos' seems to be identical with the Hebrew Qadmi, "an Eastern man," and it is probable that the Greeks, in their usual manner, assumed the existence of a man Cadmus from the exist- ence of settlers whom they call Ka5p;tot, but the value of the tradition is not less on that account. Herodotus expressly says (loc. cit) that he had seen at Thebes inscriptions which he quotes, written in Ka8/xrjia ypdjx- fiara, which must have been, in his vieAv, identical with the Phoenician. It is also of great importance to re- member that the names of the Greek letters— aA.a, jS^ra, etc.— are not Greek but Semitic words ; that is to say, they have no meaning except in Semitic (e.g., Phoenician or Hebrew) languages. It was believed, until quite recently, that the Phoeni- cian alphabet was founded on, or at least suggested by, that kind of Egyptian writing which is called Hieratic^ an abbreviated form of hieroglyphics used by priests. But of late years other theories have been proposed, some maintaining that the Phoenicians got their alphabet from the cuneiform writing of Assyria, others that both the Greek and the Phoenician alphabets were derived ultimately from cuneiform through a Syrian or Hamathite or Hittite nation which occupied most of Asia Minor. These views are not at present in a position to hold their own against the older tradition. 2. Date.— At what date the art of writing became known to the Greeks cannot now be satisfactorily ascer- THE GREEK ALPHABET. 3 tained. The question is of less importance than it used to be some years ago, when the authenticity of the Homeric poems was supposed to depend on it. Most scholars now, whatever view they hold on the mode of composition of the IIM and Odyssej/, believe that ^vritin^. was known in the Homeric age-for instance, that the 1 Phoe- nician. Hebrew Xaiiies. Hebrew Values. Greek Forms, A Early Greek Values. 1. Itx Aleph {ox\ . weak click before a. 1 2. b Beth {hotuie). a vowel, B P- 1 3. 4. "1 Gimel [camel), Daleth (tetu door). hard (/, d. r A 5. 1 5. 3 Y H6 (?), . . . weak aspiration, E 1 e, €t, 77. ■ 6. V'Xw {tent-p&j), . 10, iF(?T) W, I'. 1 7. I Zayin (? darjijer), . r, Z t (crS). 1 8. B Heth (hedf/e). strong aspiration, H rouiih breath 1 9. Tet (?), . . . strong f. e 0. 1 10. Z Jod (side of hand), y, I I. 1 IL A Kaph ijlat of hand). weak I; K K. I 12. I Lamed {ox-f/oad), . /, A X. 1 13. ^ Mem (icater). , m. M M 1 14. •7 N^niJiih), . II. N V. 1 15. I Samech (?), . weak s, 1 16. 'Ayinieye), . strong click, 0, ov, (a. 1 17. ? Pe [mouth), . P3 ir IT. 1 18. ? Tsade [?Ji.ih.hook), strong .s, (?M) (?<^). 1 19. Koph [back of head), strong k, 9 ^ [^ (strong/.-). 1 20. ^ Resch [dde of head), r. p P' 1 21. w Shin [tooth), . «A, (?^) (?<^). 1 _ 22. + Taw [crosfi), . weak f. T r. This table requires some brief comments. {a) The characters in the first column are those to which the printed Greek alphabet bears most resemblance, m t' I!!|l i ' 6 CLASSICAL TEXTS. but old inscriptions are not usually executed with great neatness, and there are Phoenician and Hebrew inscrip- tions which vary a good deal from the forms here given. On the other hand, the oldest Greek inscriptions are, in many letters, more closely similar to the Phoenician than the Ionic alphabet as finally settled. (See p. 16.) (b) The Hebrew names in the second column were at one time thought to be strictly descriptive of the charac- ters, but the probability is, as Mr. E. B. Tylor suggests, that names were selected which began with the appro- priate sounds, and would, to some extent, remind the learner of the form of the letter. On a similar plan, we might call A * arch,' B ' butterfly,' C ' cres- cent,' etc. (c) The Hebrew values in the third column are all con- aonants. Some of them, of course, are closely akin to vowels, but they were not so reckoned, and in Phoenician writing true vowels were omitted. This writing there- fore was not strictly alphabetic, but rather syllabic, i.e., each character might, and usually did, stand for a syllable and not for a single sound. (d) It will be seen that the old Greek values in the fowih column are not always identical with the Hebrew. The Greeks, for some unknown reason, required to repre- sent vowels. Hence they used the characters 1, 5, 6, 10, 16 for a, f, V, t, o, without, distinguishing the long and short, close and open, varieties of these vowels. Secondly, the Phoenicians had some sounds which the Greeks did not use, and thus the signs of these sounds were avail- able for sounds which the Greeks had, but the Phoenicians had not. In this way 9. tet w^as taken universally for 0, 15. samekh was taken, but not universally, for ^, and either 18 or 21, tsdde or shin (perhaps one in one place ' v) or 12. It retains H for h] and uses E for €, ct (long €, cf. p. 73), rj and O for o, ov (long o, cf. p. 73), w. But the Ionic alphabet was coming into use in Attica diu-ing the fifth century B.C., and many instances occur in which an Attic inscription has an Ionic letter by accident. Similarly, in an extract from the Theseus of Euripides (Fragm. 385), jn-eserved by Athenaeus, H is described as a vowel-sign instead of a rough breathing. Finally, in the famous archonship of Eukleides, B.c. 403, the Ionic alphabet was formally adopted in Athens as the proper mode of writing public inscriptions. From this time forth it rapidly superseded the others. (c) The eariy history of the Greek alphabet is of importance to the mere literary student for at least one good reason. There can be no doubt that no Greek work, written before 450 B.C., was written in the Ionic alphabet in which we now have it. The poems of Homer and Pindar, for instance, have been altered by later scribes into a form suitable for a public which could only read the Ionic style, and the transliteration has probably obscured many etymologies and caused many mistaken readings. It is obvious that the 'rejec- tion of the digamma F, the change in the use of H, the discrepancy in the use of X, the various values of E and 0, would be apt to occasion misunderstandings which have affected our texts. 5. Direction of Writing.— The Greeks at first Avrote from right to left, then /3o\wTpo' 4V), and - - , the signs of quantity, are also due to the Alexandrians. Breathings and accents seldom occur in Greek manuscripts before the seventh century. As a rule, the manuscripts before that date are ^vritten in continuous uncials without any divisions between the words (except at paragraphs) or other helps to the reader. 8. Numerals.— It is very commonly stated that the Greek method of using the letters of the alphabet for numeral signs was borrowed from the Phoenicians. This ^For instance, the mute iota was first in uncials of the 7th century either omitted or MTitten small beside the preceding vowel. It was not written as iota suhscriptum before the 12th century. It should be added here that many mss. are dated by their scribes, and thus types of writing at various epochs- are established. !il Pfff I!!!'! 12 CLASSICAL TEXTS. is incorrect. The Phoenicians did not use letters in this way, and the practice, even among the Hebrews, does not appear before about 130 B.c. Probably the Jews of Alexandria borrowed the idea from the Greeks. Almost all inscriptions from Attica and the Peloponnesus, down to the Christian era at least, show numeral signs which are mostly the initial letters of the names of the numbers. The numbers from 1 to 4 are represented by one or more upright strokes. F (Trevre) stands for 5 ; A (ScKa) for 10; H (/i€KaTov) for 100; X (xtAiot) for 1,000; M (iMvpiot) for 10,000. F stands for 50, F for 500, etc. The digits were arranged with the highest on the^left. Thus MXXFHHHFAAIII stands for 12,873. No doubt all the great historians and orators wrote numbers in this way, and here again mistakes have probably been introduced by the later scribes who used the later method.^ The letters of the Ionic alphabet in their usual order were, in the fourth century B.C., sometimes employed for numbers from 1 to 24; in numbering the books of Homer or other authors for instance, and also on the tickets of Athenian jurymen. {Infra, § 72. Frontisp. 6.) But about 250 B.C., first on coins of Tyre and Alex- andria, and afterwards generally, the Greek alphabetic numerals, as given in the grammars, appear. In the numerical alphabet, F (6) and Q (90) appear in their proper places along with the Ionic X '*F fi, and it is probable therefore that the numerical alphabet was put 1 E.(/., in Aristoph. Nubes, 1065, J. van Leeuwen suggests irXeip H H (^ cKarbv) rdXapra for irXelv ^ rdXavTa iroXXd {MnemoH. N.S. XV. pt. 1). Prof. Mahaflfy's emendations of Herod, i. 72, and ii. 34, i^ for e {irivre), are doubtless correct, but the error cannot have arisen till long after Herodotus's own time. THE LATIN ALPHABET. 13 together by some learned man of Alexandria who was acquainted with the early history of the alphabet. A new sign, ^ (sampi, 900), was added at the end of the alphabet, but it is not known when or from what soiu-ce. It so happens that no inscription or manuscrii)t has this sign before about A.D. 900. II THE LATIN ALPHABET. 9. Origin.-—In the oldest inscriptions of the various Italian peoples several alphabets are found, differing from one another slightly in form but more in the number of signs employed. All of them are founded (though the mode is obscure) on the Chalcidian type of the Greek alphabet, which was diffused chiefly from Cumae, an old Chalcidian colony, founded about B.c. 800. The Chalcidian alphabet, found in the Greek inscrip- tions of Italy, shows the following forms :— ABCDEFlHeiKV/^NOFQR^TYXCDV. with the values 0'Py^€FiheiK\^vo7rqpiTrv^X. This, with the exception of I (f) and the aspirates is manifestly the foundation of the Latin alphabet. The seventh letter, I, was probably at first retained for the use of l)etween two vowels, but was discarded when this sound had passed into r {e.g., amase to amare, arbosis to arhorLs, etc.). Its place was filled {temp. Appius Claudius Caecus, censor B.C. 312) by a new letter G which had become necessary, because C had somehow 11' ^" 14 CLASSICAL TEXTS. THK LATIN ALPHABET. 15 n m liegun to represent a /:-sound. The letter K however, which had thus become superfluous, was for many hun- dred years yet retained in certain proper names, as Kalendae, Kaeso, and C kept its old value g in the abbreviations C, Cn., for Gains, Gnaeus. The letters Y, Z were added to the Eoman alphabet after B.C. 100, when Greek words were coming into common use, but they were never employed except in such words. N.B. — The Latin alphabet did not distinguish the vowel and consonant I, J, or U, V. 10. Numerals. — The Chalcidian aspirates 0^, being of no use to Komans, who had no corresponding sounds, seem to have been employed as numeral signs. The numeral X is of uncertain origin, but may be Etrus- can ; V is probably only half of X. It would appear that ^, passing through an intermediate form X, ulti- mately became L, 50, that was used for 100, and for 1000. The last two forms were displaced by C, M, the initial letters of centum and mille ; but unquestion- ably I), half of 0, v/as always used for 500, and mul- tiples of 1000 were made in the forms -r^, •$", etc. 11. Minuscules. — Various attempts were made at different times, notably by the Emperor Claudius, to add other letters to the Roman alphabet, but they were entirely unsuccessful, and the capital alphabet has re- mained (save for the introduction of Y and Z above men- tioned, and the modern innovations J, V) practically un- altered from 300 B.C. to this day. But the history of Roman pen-writing resembles that of Greek. There were two styles of writing in capitals, the one set and formal, the other cursive, in which the letters were slurred and broken and tagged. Of set capitals there are two types, called square, in which the letters are care- fully shaped, and rustic, in which the letters, though per- fectly distinct, are not so formally shaped. A later but very ancient type of set writing is the uncial, in which some letters extend above or below the line, and rounded forms of certain letters (A, D, E, H, M, cf. the facsimile from Livy, opp, p. 41) are regularly adopted. But while these styles were long u^ed for books, cursive writing was used for daily affairs, such as we see it in the wax writing-tablets discovered at Pompeii and in the inscrip- tions written by passers-by on the walls of Pompeii and the catacombs. This cursive hand gradually developed into formal cursive minuscules,^ used for legal documents, and was adopted and assumed various styles in different countries of the West, so that national hands, — the Lom- bardic, Merovingian of France, and Visigothic of Spain, — are to be distinguished. But while the cursive Roman hand was thus working its way, a literary small-hand was being developed, being a mixture of uncial and cur- sive forms carefully written, which gradually became a recognized style for books, and may be called Roman Imlf-undal. Mss. in this style were introduced into Ireland, and formed patterns for the Irish hand, and thence for the Anglo-Saxon. But all these national styles were ultimately superseded, after the revival of learning under Charlemagne (say A.D. 800), by another type, the Caroline minuscules, which again was developed, in different countries, into styles so different as the blackletter of German printers and the italics of Italian. To distinguish all these styles and to assign the date and place of origin of any ms. is the task of the palaeo- grapher. The abbreviations in Latin capital manuscripts are rare, and seldom occasion difficulty. They aff*ect usually 'i! Ilfi 16 CLASSICAL TEXTS. N0TK.-The adjoining table shows, in columns, the chief types of alphabet xxsed in ancient inscriptions. 1. 2. S. 4. 6. 6. 7. 1. Old Skmitic Forms. 2. lOXlAN ALPHABKT. Aiia Minor. lONIAK ALPUABET. Athens before Ev.cUides. Chalcidian Alphabet. Euboea and her Colonies. G RA kco-Etrvscan Alphabet. Veil. 6. Umbrian ALPHABKr. Latix Alphabet. Time of the Empire. A '^9 '^1 A B rrr AM AA ^B A^ I^AA 'a ^ //^E Y DA AA B DP US T VKYT 00({) PP ?<> P P P P O PP M W n N 9 ^T VY X^+ VYY n n Q^ X + PP a M a 2d TT ^>T Yr VY © (D ^YY X + ? YY + V Q R V 8 X BOOKS AND THEIR PUBLICATION. 17 the last syllable of a word as Q- for que, B- for lus, V for -urn, but occur occasionally in the middle, as ANVS for annus, QNM for qumiam. The abbreviations in minuscule writing are much more frequent and cause much more difficulty, because the same form often stands for many different syllables, as en for enim, ;n for nid, ps for iposset ; and because, again, words of so'mi^ length are often reduced to very minute dimensions, as ro for ratw, ca for caiim, sp for mper. Hence consider- able acquaintance with the habits of scribes is necessary before one can read minuscules with facility. The oldest Latin mss. are without stops, but are • occasionally divided in paragraphs. Later mss. are punctuated with stops of various forms. in. BOOKS AND THEIR PUBLICATION. 12. Form of a Book.— The ravages of time have left us much more evidence of the private life of the Romans than of the Greeks. In Greek literature we have hardly any books corresponding to Cicero's letters or the satires of Horace and Juvenal, or Martial's epigrams, all of which are full of allusions to domestic details. Neither have we any Greek Pompeii or Her- culaneum, cities preserved to our own day almost in their entirety, like a hoard of imperishable coins. We are able, therefore, to form a far more definite conception of the mode of producing books in Rome than in Greece. This is probably a matter of small importance, because the influence of Greek literature upon Roman and the wide range of the Roman Empire must have caused a B \\ I ■ 18 CLASSICAL TEXTS. f*< very close assimilation between the customs of the book- trade in all civilized countries. We hear of Greek books written on tablets of lead, and also on leather (8t^6/3ai, in Ionia, Herodotus v. 58). But certamly before the time of Herodotus, and for many centuries afterwards, books were written on the inner tissue of the papyrus reed {PtpXos, iraTrvpos), This material, when prepared for writing, was also called Xa/oT7?s, charta, and a book written on it was called jStjSAtov, liber. The mode of constructing a book seems to have been • the same both in Greece and in Rome. Strips of l)apyrus were wetted and pressed together into sheets (plagulae), which were to be had in various qualities and sizes (8 to U inches high and 3 to 12 inches wide). A column of Avriting (crcAts, pagina) was written, usually on mled lines within a ruled oblong, on one side only of the sheet, and the sheets were pasted together at the sides in proper order. (In Pliny's time, however, it was usual to buy a roll of sheets ready pasted.) It is not likely that the whole of Thucydides or Homer was written in one volume (which would have been nearly 90 yards long), but we possess Egyptian books of nearly 50 yards long. Such sizes were of course inconvenient, and Callimachus, the poet and librarian (b.c. 260), said justly iiiya Pl^Xlov fuya KttKov. In his time, probably, the size of books was very greatly reduced. A book of poetry (not plays) seldom exceeded 1000 lines, but books of prose were often five times as large or more. When sufficient written sheets had been pasted together, a stick was fastened to the last sheet, and on this the whole was rolled into a wlumen. The edges of the papyrus were trimmed flat, so that the roll made a cylinder, BOOKS AND THEIR PUBLICATION. 19 of which the top and bottom (Jrontes) were often coloured black. The ends of the stick, visible in the centre of the roll, were called umbilici, oficj^aXoi, but were often furnished with knobs, cornm. A piece, of parchment (o-tAA.v^os, titulus, index) was attached to the roll, bearing the title of the work. The whole was steeped in cedar oil and finally enclosed in a parchment case {memhmia, often dyed), from which, however, the title projected. The reader held the roll in his right hand, and un- wound it, as he read, with the left, with which also he rolled up that portion of the book which he had already perused (hence dveXiTTCLv, evolvr.re, expUcare, ad umbilicos pervenire). The smell and appearance of a papyrus book are indi- cated in Martial iii. 2, where he says to his new volume— " Cedro nunc licet ambules i)erunctus et frontis gemino decens honore pictis luxurieris umbilicis ; et te purpura delicata velet et cocco rubeat superbus index." We have still many papyrus rolls from Egyptian tombs and from Herculaneum, but none of these con- tain any Greek or Latin author of value, except two, which preserve some speeches of Hyperides. A few fragments of Homer, Thucydides, Euripides, Sallust, and other authors are also extant on broken papyrus leaves, but all our complete mss. of first-rate authors are written on another material, parchment. (b) Parchment (pergamena), a preparation of sheepskin, derives its name from the city of Pergamum, where it is said to have been first used. Pliny relates, on the authority of Varro, that the Egyptian kings, jealous of f 20 CLASSICAL TEXTS. BOOKS AND THEIR PUBLICATION. 21 the growing importance of the library at Pergamum, which threatened to rival that of Alexandria, prohibited the export of papyrus, and that the Pergamene scribes were compelled to adopt a new material. The name TTc/oya/xryv//, pergamem, is not found before A.D. 300 ; the earlier names were 8L(l>6ipa,jnembrana. Parchment was largely used for note-books, but was clearly not much used for literary works before Martial's time (say A.D. 90), when small cheap copies of the best authors were to be had in this material. But the ancients, at a later date, seem to have found that papyrus was too perishable, and from A.D. 300 parchment came more and more into use, until it finally ousted papyrus altogether. Parchment, being a thick substance, had always this advantage over papyrus, that it could be covered with writing on both sides. Possibly for this reason, parchment books were made up, in the modern form, of separate leaves stitched at the back into a binding. Such a book was called a codex, which name was originally applied to a book of similar form made of wooden tablets. For brief notes both Greeks and Eomans used such wooden tablets (SeAro?, codex, codicillus) covered with wax, on which they wrote with a pointed instrument (ypa<^ts, stilus). But in writing on parchment or papyrus, they used ink and a reed pen (KctAa/xos, calamus) of the same form as our quills. Lines were ruled with a piece of lead, which left faint marks. The ink for papyrus was made chiefly of lamp-black and gum, but that for parchment was made from gum and oak-galls, which contain some iron. When the ink was fresh it could be wiped ofi" with a sponge and water, which the writer kept by him for that purpose. Parchments were very often cleaned in this way, and new writing was sub- stituted for the old. A parchment so treated was called TraXiiixl/ria-Tov, palimpseshm. But if the ink was old, the parchment could not be perfectly cleaned even by scrap- ing, and we are indebted to this fact for many very valuable mss. The monks of the middle ages were much in the habit .of washing and scraping old parchments in order to cover them anew with lives of the saints and other ecclesiastical literature. In many such cases traces of the original writing have remained discernible, and have been, in modern times, so strengthened by proper chemical treatment that almost the whole of the, so to say, underlying book has been recovered. Thus, in the year 1816, Niebuhr discovered at Verona a ms. in which certain writings of St. Jerome had been superposed upon the long-lost Institutes of Gaius, one of the most famous and valuable of Roman legal treatises. Sixty pages, moreover, or nearly a quarter, of this ms. were doubly palimpsest Similarly our best ms. of Plautus was dis- covered at Milan underlying some extracts from the Old Testament : one of the best mss. of part of the first decade of Livy is a palimpsest covered with the Moralia of Gregory the Great, etc. On the other hand, some late Greek mss. of classical authors have been written over Biblical texts. For instance, there is at Florence a ms. of Sophocles, written in 1298, over an uncial ms. of the Septuagint. Some late mss., chiefly Greek, are written on paper, ^ a Chinese invention, brought to Europe by the Arabs of Spain. 13. Publication. - The distribution of books in Greece is a subject of which we know very little. It ^ Cotton paper was called homhycbm ; linen paper, chart a. 1 ' 9-2 CLASSICAL TEXTS. 1 1' is plain, from Aristophanes (Frogs 1114, ^i/^ATov t' ^x^*' ?Kao-T09 fjLavedv€L ra Segm) and other passages, that books were common before B.C. 400. It is equally plain from Xenophon (Memm'ahilia iv. 2, 1) that some persons col- lected books at great expense, and (A nab. vii. 5, 14) that books were exported. It is almost certain (and this is also a reasonable explanation of Plato, Apologia 26, D, E) that books were sold at an opx^rpa near the mar- ket of Athens. But we do not know how books got into circulation in the first instance : whether, for instance, the author sold them to a publisher or not, or how the bookseller multiplied his copies. It would seem that, in most cases, the author merely allowed his friends to take copies, and that books only accidentally got into the hands of booksellers. But in Rome, at least from Cicero's time, there was an organized trade in books. The author sold his book to a publisher, who paid either a royalty on each copy sold (as apparently in Cicero's case), or a lump sum for the entire edition (as apparently in Martial's case). Such publishers were Atticus in Cicero's time, the Sosii in Horace's, Tryphon in Quintilian's and Martial's. An edition of a favourite author would sometimes amount to 1,000 copies. It is therefore highly probable that the author's copy Avas dictated to a great number of scribes at once. These scribes (librarii) were slaves, and would be, almost without exception, foreigners not quite thoroughly acquainted with the language which they were writing. Hence it is to be expected that, like the first printers of English, who were mostly Flemings, they would naturally make some mistakes, and that the monotony of writing from dictation would of itself pro- duce occasional lapses of drowsiness. It is at any rate BOOKS AND THEIR PUBLICATION. 23 certain that booksellers' copies were full of gross blunders. Thus Cicero (Ep. ad Q. Fratrem iii. 5, 6) says, de Latinis vero (libris) quo vertam me nescio : ita mendose et scribuntur et veneunt, and we find similar complaints in Strabo, Mar tial, Galen, and Gellius. Possibly somebody in the shoi> looked through the copies and corrected the more obvious errors, but it was certainly not unusual for Roman authors themselves to oblige their friends by revising and correcting copies of their works. Booksellers (bibliopolae) had shops in various parts of Rome (esp. Argiletum) and advertised the works on sale by a list hung at their doors or on the pillars of the portico under which the shop stood. The books them- selves, or at any rate some copies of them, were sold at a reasonable price, and were within the reach of quite poor people. Thus Martial's First Book was sold for 5 denarii (about 4s. 3d. of our money), his Xenia for only 1 denarim; and the poor fellow, whom Juvenal (iii. 206, 207) describes as living in a garret, had a small collection of good books. Persons who were unable to buy books for themselves had access to public libraries, of which no less than twenty-nine were established in Rome between the dates of Augustus and Hadrian. 14. Editions. — The ancients had schools and uni- versities in which the course of instruction was founded on those books which public ojiinion declared to be the best of their kind, or which were best adapted, for other reasons, to educational use. Horace himself (Ep. I. XX. 17) anticipates the time when his works would be used as a lesson-book, and it is e^ddent from Juvenal (vii. 226) that this fate actually befell both Horace and Vergil. The first decade of Livy also was a common school-book. In Greece, besides Homer, the dramatists especially were M ■4 24 CLASSICAL TEXTS. HISTORY OF CLASSICAL MANUSCRIPTS. 25 m studied in schools. At lirst seven plays of ^schylus and Sophocles and nine of Euripides (cf. infra, pp. 36, 37) were taken, but afterwards only three. Hence some books were continually reproduced from year to year, while others which were more seldom called for were not often copied, and became more and more rare. The result is that some ancient authors are wholly lost ; of others, part only has survived ; of others, a certain portion is re- l)resented in numerous mss., while the rest is rare. Of some, the text which has come down to us is known to have been revised by an ancient editor for the use of pupils. 15. Commentaries.— Changes in language and manners made old authors difficult reading for adults as well as schoolboys. Hence it ultimately became necessary to provide glossaries, notes, and paraphrases. This also was the work of grammarians {ypafifiaTiKol, litterati). Homer, the chief and the universal Greek school-book, first called for such treatment, and it was in the critical study of Homer that the great Alexandrian grammarians, Zenodotus, Callimachus, Eratosthenes, Aristophanes of Byzantium, and Aristarchus of Samothrace, between B.C. 280 and 180, mapped out the fields and prescribed the methods and settled the technical terms of the educa- tional commentator. Other authors in turn, as they became antiquated and difficult, required elucidation, and in fact there are very few classical works, Greek or Latin, on which we do not possess a considerable collec- tion of ancient notes. Such o-xoAta, as they were called, were at first separately published by their authors, but only a few of them (e.g., Simplicius on Aristotle, Asconius on Cicero's speeches, Servius on Vergil, Porphyrio on Horace, Proclus on Euclid) have come down to us with a name attached. As a rule, such ancient notes as we possess are written on the margin of the ms. text, and are compiled by an unknown " scholiast " from a great many predecessors, to whom he seldom refers by name. They arc often much later than the ms. on which they are written, and in many different hands. One kind of scholia requires particular mention. A foreign or odd word was called a yAwcro-a and the ex- planation of it was called yXwcro-ijfjLa, whence our glossary and gloss. Glosses, when brief, as they usually were, were written over, or very close in the margin to, the words to which they referred. Hence they were some- times taken by a later copyist as parts of the text itself IV. HISTORY OF CLASSICAL MANUSCRIPTS. 16. Decline of Latin Learning.— Latin literature began to decline in merit, if not in abundance, immedi- ately after the age of Augustus, but the decay of litera- ture is not necessarily accompanied by a decay of learning. On the contrary, just as in Greece Homer was studied mth most zeal at a time when epic poetry was practically extinct, so it might be expected that when original literature is least copious, most attention would be given to the masterpieces of a bygone age. Already, in the first century, Asconius had begun work on Cicero and Probus on the Augustan poets, and later, a.d. 300-500, when Latin literature was at its lowest, grammarians and commentators, such as Donatus, Servius, and Priscian, are extremely plentiful. But learning, too, was doomed. In A.D. 364 the Roman Empire was divided into 26 CLASSICAL TEXTS. HISTORY OF CLASSICAL MANUSCRIPTS. 27 4 halves, of which Valentiiiian took the Western and gave to his 'brother Valens the Eastern. The fifth century had only just commenced when the countless hordes of the North, who had for some time been threatening, descended on the Western Empire, and made havoc of it. First the Vandals and Burgundians, checked in Italy, established themselves in Gaul. Then the Visi- goths, after sacking Rome, also passed into Gaul, and drove the Vandals into Spain. The latter, crossing over into Africa, ravaged that province and returned to Italy by the south. The Tartar Huns (under Attila, d. A.D. 453) came and went, leaving desolation behind them. The Franks attacked Gaul ; the Saxons Britain. The Ostro- goths disputed Italy ^4th the Vandals, and the Eastern Emperor, Justinian (527-565), dispossessed them both ; but he was no sooner dead than the Lombards appeared. The Saracens were still to come in the south, the Danes in the north. It was not till a.d. 800 that order was for the most part restored in Western Europe by Charle- magne. It happened fortunately that during this period of turmoil the guidance of the Christian Church, the one powerful and permanent institution, was chiefly in the hands of the splendid order of St. Benedict. This saint (480-543), seeing that idleness was the besetting danger of monastic establishments, founded at Monte Cassino, near Naples, a model abbey, in which industry was the daily rule. Among other employments, reading and writing were approved as powerful agents in distracting the mind from unholy thoughts, and in Benedictine monas- teries the mechanical exercise of copying mss. became one of the regular occupations. The practice was not enjoined by Benedict himself and the credit of intro- ducing it is generally assigned to Cassiodorus, who, about A.D. 540, founded two monasteries in Calabria. Other monasteries, e.g. that of St. Columban at Bobbio, near Genoa, that of St. Gall at the town named after him in Switzerland, adopted the same rule, but the Benedic- tine order was by far the most important. Thus in thousands of quiet abbeys all over Western Europe (including England and Ireland) there was a scriptmium or writing apartment, such as that still to be seen at Gloucester, where monks were industriously reproducing the Latin classics long after they had ceased to under- stand them. It was in these scriptoria that the vario\is kinds of Latin cursive writing above mentioned (§11) were developed. 17. The Revival of Latin Learning.— Charle- magne (742-814), who could read but not write, perceived the urgent necessity of schools, but had to go far afield to find teachers. England and Ireland were at that time the countries in which learning was best maintained, and Alcuin of York was invited by Charlemagne to become his minister of education. Under Alcuin's supervision a school was established at Tours similar to that at York, and the later foundations of Lyons, Fulda, Corvey, Eheims, and some other cities might be said to flourish in the ninth century. " In these were taught the trivium and quadrivium, a long-established division of sciences— the first comprehending grammar or what we now call philology, logic, and rhetoric ; the second music, arith- metic, geometry, and astronomy. But in those ages scarcely anybody mastered the latter four, and to be perfect in the three first was exceedingly rare. All those studies however were referred to theology, and that in the narrowest manner; music, for example, being 28 CLASSICAL TEXTS. :#ll reduced to church chanting, and astronomy to the calcu- lation of Easter. Alcuin was, in his old age, against reading the poets ; and this discouragement of secular learning was very general, though some, as for instance Raban (Archbishop of Mainz, died A.D. 856), permitted a slight tincture of it as subsidiary to religious instruc- tion " (Hallam, Middle Ages, ch. ix. pt. 2). In schools of this kind however, poor though the instruction was, an interest in learning and literature was slowly revived, which was fostered in succeeding centuries from various sources and in various directions. The history of five hundred years, from 800 to 1300, com- prising the growth of schools and universities, the return of Greek science through the Arabs of Spain, and the gradual growth of vernacular literatures in the West, is not to be summarized in a paragraph. It may however be said generally that during this period the interest of men was mainly concentrated either on useful learning, such as medicine, jurisprudence, astronomy, and mathematics, or else on the sharpening of their wits in logical disputa- tions, such as theology affords abundantly. It was not till Dante (1265-1321), Petrarch (1304-1374), and Boc- caccio (1313-1375) had established an Italian literature of the very first merit, that a general interest arose in literary style. These great writers were themselves especially urgent in pleading for a revival of the study of the ancient masters of style, and a jxjsitive fever was created for recovering the long-forgotten classics. Then it was that the stores of manuscripts accumulated in monastic libraries were eagerly brought to light. Vast treasures were found at Monte Cassino and Bobbio in Italy, at St. Gallen and Einsiedeln in Switzerland, at Fulda and Mainz in Germany, at Glastonbury in England, HISTORY OF CLASSICAL MANUSCRIPTS. 29 at Cluny in France, and in other far-distant monasteries, mostly Benedictine. The scholars of Italy, such as the famous Poggio Bracciolini (1380-1459) and his friend Niccolo Niccoli, were continually being sent abroad by the Popes, and employed their leisure in buying, begging, borrowing, or stealing all the classical mss. that they could lay their hands on. Almost the whole body of the extant Latin classics was thus discovered between 1350 and 1450. Many very ancient mss. known at that time are now lost, but so many copies were made that hardly any entire work has disappeared except the Fidularia of Plautus. 18. Revival of Greek.— The new interest in Latin literature brought with it also a new interest in Greek, but this was more difficult to establish. Since the parti- tion of the empire, the knowledge of Greek had been rapidly dying out in the West. A few scholars, such as Roger Bacon (1214-1292), seem to have kno^vn some- thing of the language ; but Petrarch, who had a Homer and some books of Plato, could not read them, and Boccaccio complained that even the Greek characters •were unknown to the learned men of his time. Never- theless, in the Eastern Empire, which still existed, classical Greek literature was still known and studied, and the Greek language then spoken was not nearly so far re- moved from ancient Greek as the Romance languages from Latin. Several Italians took the trouble to go to Constantinople for the purpose of learning Greek : but in 1396 Manuel Chrysoloras opened Greek classes, first in Florence, afterwards in Pavia, and other schools soon followed in Venice, Padua, Rome, and elsewhere. The collection of Greek mss. was thenceforth pursued with the same ardour as of Latin. John Aurispa, a Sicilian 11 30 CLASSICAL TEXTS. MODERN LIBRARIES. 31 (1370-1459), brought back from Constantinople on one journey no less than 238 Greek codices, among them the famous Medicean ms. of ^schylus, Sophocles, and Apollonius Rhodius. Cardinal Bessarion (1403-1472), himself a Greek, collected still more, which he ultimately presented to the library of St. Mark's, Venice. When Constantinople was taken by the Turks (1453), numerous Greek scholars fled to Italy, bringing with them precious mss., some old, some recently copied, which commanded a ready sale. It is impossible here to give details of the Renaissance or Revival of Learning, but a true and vivid pic- ture of the eager interest which the Italians of the fifteenth century took in the recovery of the ancient classics may be found in George Eliot's novel Eomola. The supre- macy of the Pope, and the predominance of Italians in the government of the Church, of course gave very wide publicity to the intellectual movements of Italy, and the Renaissance rapidly spread all over the North of Europe. The fortunate invention of printing about 1450 added what was required to make the revival of classics com- plete, and the great publishing houses of Aldus Manutius (son and grandson, 1449-1597) in Venice, of. Giunta in Florence, and others in Switzerland, Germany, France, and Flanders soon placed in the hands of every student texts and commentaries and grammars and Latin trans- lations of Greek books, prepared by the most competent scholars in Europe. Oxford and Cambridge, as might be expected from their remoteness, were a good deal behind the continental Universities in the study of Greek, but it was introduced here about 1490, and soon took a deep hold on the affections of Englishmen. (b) The foregoing sketch of the mediaeval history of classical studies is designed only to explain a few very striking facts which constantly appear in the critical editions of to-day. (1) Most of our mss., especially of Greek authors, are in Italy. (2) The large majority of our mss. are of the fourteenth and fifteenth centuries. (3) Many extant mss. of an author are copies of an older ms. which is also extant. (4) Many of our oldest Latin mss. were written by monks who had a very imperfect knowledge of Latin. (5) The printed editio piinceps of several authors is of great importance, because it was derived, or may have been derived, from mss. which have since been lost. V. MODERN LIBRARIES. 19. The manuscripts discovered during the fourteenth and fifteenth centuries in the manner just described, remained sometimes in the abbeys Avhich had possessed them from time immemorial, but were more frequently purchased or stolen, and formed part of private collec- tions, which were again dispersed by sale or bequeathed entire to various universities and public libraries. Some were lost (or cannot now be identified), and a few have been certainly destroyed. The chief collections of ancient mss. are now to be found in the following places. {a) In Italy: (1) At Florence, in the BiUiotheca Lauren- tiana attached to the church of San Lorenzo. This library, opened in 1571, was composed mainly of the public library of San Marco, founded by Cosimo de' Medici (1444), and the private library of the Medici family. It subsequently received an addition of over 32 CLASSICAL TEXTS. lilnlTf 600 Latin mss. from the library of Peter Leopold. Hence mss. of this library are variously known as Cod- ices Fl(yrentini, Laurentiani, Medicei, S. Hard, Leopoldim Lanrentmni. (2) At Rome, in the Bihliotheca Fahcma. founded by Pope Nicholas Y. (1447-1455). This library has received numerous additions of mss., e.g., m 1600 by bequest from Fulvius Ursinus (Orsini), in 1623 by plunder of the Palatine Library in Heidelberg (3560 mss ) in 1657 by the incorporation of the library from Urbino Hence mss. of this library are known as Vah- canl (sometimes Bomani), with further titles as Ursimam, Palatini, Urbinates, etc. (3) At Milan, in the Ambrosian library Mss. of this library are known as Mediolanemes or Amhrosiani. (4) At Venice, in the library attached to St Mark's Church. Mss. are known as Codices Veneti or Maniani or Veneti Marclani. (5) At Naples, in the Bourbon library. Mss. are known as Codices Neapolitani or Borhonici. (6) At Turin, in the University library. Mss. are called Taurinenses. (7) At Verona, m the Cathedral library. Mss. are called Veronenses. (h) In France almost all mss. are now Parmm in the National Library at Paris, which, after the great Revolu- tion, received the contents of the plundered provmcial libraries, as Sangermanenses and Bliaudifontani (from Fontainebleau). There are still a few in the ancient medical school of Montpellier (Montepessidam) and elsewhere. ,. ,. / ^ (c) In Switzerland there .are Codices Bernenses (at Berne) Turicenses (at Zurich), Sangallenses (at St. Gallen), Badliemes (at Basle), Einsidlenses (at Einsiedeln). (d) In England there are Codices Britannia or Lm- dinienses of the British Museum, which may be further distinguished, e.g., according to the person who be- APPARATUS CRITICL 33 queathed them as Earleiani, Townleiani. Also Codices Oxonienses and Cantabrigienses which belong to the Uni- versities (Bodleiani at Oxford), or are in the libraries of different colleges. (e) In Holland and Belgium there are Codices Leidenses at Leyden and Bruxellenses at Brussels. (/) In Germany there are Codices Palatini at Heidel- berg (Pfalz), Berolinenses at Berlin, Lipsienses at Leipsic, Monacenses at Munich, Guelferhytani at Wolfenbiittel, Argentoratenses at Strassburg, and others of which the Latin names are more easily translateable. Codices Haunienses are at Copenhagen ; Findobonenses at Vienna. Spain has some at Madrid and Toledo, and in the palace of the Escurial. Russia has some at Moscow and St. Petersburg (Petropolitani). Besides these there are some libraries which are noted for only one ms., like that of Ravenna, which has the best codex of Aristo- phanes. VI. APPARATUS CRITICL 20. The apparatus criticus of any author is properly the whole collection of known mss. of that author, wherever extant. The text of an author is prej^ared by a comparison ("collation ") of several mss.,i and whenever a difficulty arises a critical editor supports his own opinion by a discussion of the various readings. For ^ There are numerous mss., even of the best authors, which have never been collated at all. These are generally of late (late, and have been judged, on a cursory inspection, to be of no special value for critical purposes. c 34 CiLASSICAL TEXTS. APPARATUS (IRITICI. 35 :i convenience, therefore, he states at the outset what the manuscripts are on which he has relied. The hst which he gives is headed " apparatus criticus." In such a list the mss. are generally identified by the name of the library in which they are found, and, it there are more than one in the same library, by cata- logue numbers! or further descriptive titles, sufficient for the identification of the mss.^ For convemence of reference in the later pages of the book, the editor also usually labels each ms. with a letter of the alphabet. But it unfortunately very often happens that the appa- ratus cnticus open to one editor is not the same as that open to another, or that two editors using the same mss. aiTange them in a difi^erent order or distinguish them by different letters. Thus one editor may follow the letters of the alphabet in order, while another uses the initial letter of the name of the ms., as A for Ambrosi- •inus V for Venetus, P for Parisinus. In the latter case ' it often becomes still more puzzling to follow a critical discussion, because mss. may have belonged to various libraries at diff"erent times, or to various private owners before they passed into a public library, and may have been called by various names. The following summaries ^ are given only to indicate lAs Parmnm 7900a, BernenHi>i 363, Laurentianus, plutei (i.e., desk) xxxii. 9. 2 Mss. which formerly belonged to private owners are often called after them, as VossiensU. Salmasianm, Thuana^us, etc. Similarly a ms. known to have been used by a particular editor is sometimes called after him, e.^,., the 'codices Bentlen of Horax^e are the mss. in England which Bentley used. 3 They are mostly taken from the prefaces to the chief editions, but these are often thirty years old or more. the character of the apparatus criticus of the chief authors and the results of collation. It should be remembered that there is often a substantial difference between critics as,to the merit, and occasionally as to the date, of a ms. 21. Greek Poets. {a) Homer. Mss. of Homer, containing the Iliad or Odyssey, or both, are extremely numerous, amounting to about 200. Most of these, also, are furnished with scholia of a more or less valuable kind, for no author was so carefully studied in antiquity as Homer. Two editions of Homer were prepared by the great scholar Aristarchus of Samothrace (say b.(j. 180) who had command of all the resources of the Alexandrian library. It is said, however, that he worked upon a vulgate or textus receptus, which nearly all our mss. represent, and the criticisms of Aristarchus are to be gathered mainly from the scholia. The mss. are not so ancient as might be expected, but are of unusually good quality.^ {a) Of the Iliad, the best is V.enetus A, a beautiful copy of the tenth century, strongly under the influence of Aris- tarchean criticism. The next })est are two Laurentiani of the eleventh, and a Toicnleianus (British Museum) of the thirteenth century, but most of the texts are so good that the attention of editors has been mainly confined to the scholia, which contain hints of ancient variations. (6) Of the Odyssey, the mss. are still good, but not so ancient ^ The excellence of these mss. may be inferred from the fact that, though there are three papyrus fragments of tlje Iliacl dating from the first century b.c. and a fragmentary Codex AmbroHianm (with pictures) of tlie sixth century, and a consider- able palimpsest (in British Museum, under a Syriac text) of the sixth or seventh century, these very early mss. do not dijffer materially from the later. Few mss. have been properly collated. 36 CLASSICAL TEXTS. APPARATUS CRITICI. 37 li as those of the IHmL The best seem to be a Venetus of the twelfth, a Townleianus of the thirteenth, and an Ambrosianus of the fourteenth century. The rest are generally of the fourteenth and fifteenth centuries. There are some mss. of scholia only. ^ (b) Aeschylus. Mss. of Aeschylus are rare, and are said ■ by W. Dindorf to be all derived from the Laurentianus (or Mediceus), which contains seven plays of Aeschylus, seven of Sophocles, and the Argonautica of Apollonius Rhodius. It was written in the eleventh century, and is a good deal damaged, especially in the Agamemnon and Choephoroe, for which last play it is the sole authority.^ It contains very abundant scholia, written by another scribe and taken from ancient grammarians. Three plays, the Pimietheus, Septem, and Persae, which were the most read in the later Byzantine schools, are more fully represented by mss. than the rest, but Hermann, who considered nearly thirty copies, attaches little vahie to them in comparison with the Laurentian. The portion of the Agamemnon (vv. 295-1026), which is lost from the Medicean, is supplied by two mss. Floi^entinus and Far- aesianus copied from it (fourteenth cent.) before the loss. (c) Sophocles. The same Laurentkinus which contams Aeschylus begins with the seven extant plays of Sophocles, also with very copious introductions and notes. Cobet maintains that all other extant mss. are derived from this, but at least this is far the best. Very few mss. contain all seven plays. Of such, besides the Laurentian, a Parisinus of the thirteenth century, and a Venetus of the fourteenth seem to be most often con- iThe Guelferbytanus and Marcianus (Florence) of the fifteenth century, which also have the Choephoroe, are manifestly copied from the Laurentian ms. suited. Mss. of the three plays, Ajax, Electra, and Oedipus Tyrannus, are much more common, but, except a Vaticanm ascribed to the twelfth century, they are all of the fourteenth or fifteenth centuries. (d) Euripides. Mss. of Euripides are extremely numerous, and there is hardly an old library in Europe which does not possess one. But they are all of com- paratively late date and inferior quality, and no ms. con- tains all the extant plays. The majority contain only Hecuba, Orestes, and Phoenissae, which were the stock school- books of the later Byzantine Empire. The earlier Byzan- tine selection, comprising the nine plays, Hecuba, Orestes, Phoenissae, Medea, Hippolytus, Alcestis, Andromache, Troades, Rhesus is known in two editions, of which one is represented by a group of the oldest mss.. Vatic- anus, Hauniensis, Parisinus, two Marciani Veneti, all of the twelfth or thirteenth century,^ and the other, a bad edition by a grammarian of the thirteenth century, is represented by mss. of the thirteenth and fourteenth centuries. The remaining ten plays rest on the autho- rity of two mss. only, Pcdatinus in the Vatican iin&Floren- tinus 2 (plut. 32. 2), both of the fourteenth century. These are derived from an archetype Avhich contained all nine- teen plays, but three plays, Helena, Hercules Furens, and Electra, are found only in Flor. 2. A palimpsest at Paris contains a part of the Phaethon written in the fifth or sixth •century, covered- with a part of the first Epistle to Corin- thians. (e) Aristophanes. The chief authorities for the text of Aristophanes are the Ravenna ms. of the eleventh ^ Only Vaticanus and Hauniemin have the nine, but the latter has Hecuba, Orestes, and Phoenissae in so bad a text that it is not accepted as an authority for these plays. 38 CLASSICAL TEXTS. century, which contains the eleven extant plays, and the Venetus iMarciams of nearly the same date, which contains all but Acharniam, Thesrrufh., Eccles., and Lymtrata. Both these mss. are said to be derived from the same Alexandrian archetype, the Fenetvs being much inferior to Earemas in the Equites, much superior in the Ve^ae and equal or very little inferior in the rest which it contains. No other ms. but Earemas has all the plays together, but no play rests on the authority of this ms. alone The contents of the other mss. are diverse, but the majority of them contain only PliUvs, Nnbes, and Ranae. if) Theocriius. Mss. of Theocritus are very numerous, and there are especially large collections of them m the Laurentian library, the Vatican, and in Paris. They are generally in the same volume with some other poet as Bion, Moschus, or Pindar. The oldest are not earher than the thirteenth century. The ms. to which most attention seems to have been paid is m the Lau- rentian library, glutei 32 No. 37, of the thirteenth or fourteenth century, but Fritzsche prefers an Am- brosianus K for the first seventeen Idylls, and another Amhrosmms C and a Pansinus M for the remainder. H. L. Ahrens, who promised to devote a volume to the mss., never did so. 22. Greek Prose Writers. (a) Herodotus. Stein enumerates forty-six mss. con taining the whole or a portion of Herodotus. Of these five are clearly pre-eminent by age and excellence, and are the foundation of our text. These five belong to two families, of which the first is represented by Florenhnvs (or Mediceus) of the Laurentian library, a beautiful ms. of the tenth century, Romanus of the eleventh century, APPARATUS (.^RITICI. 39 and another Florentinvs of the eleventh century. The other family is represented by a Parisinm, also beautifully written, of the thirteenth century and another Romams of the fourteenth century (wanting Book V.). The first family is considered the better, because, though corrupt in places, it shows little trace of emendation, whereas the second is obviously much corrected and interpolated by early grammarians. The first book of the later Romanus has been very remarkably altered, apparently for the use of schools. (b) Thucydides, At least fifty mss. of Thucydides are known, and of these over forty, a very unusual number, have been collated, at least in part, by successive editors, who diff"er greatly in their estimates of the ms^. The oldest is undoubtedly a Laurentianus of the tenth century which is rated very high by Bekker, but not nearly so high by Poppo and Arnold. The Cassellanus (at Cassel) written in 1252, the Angustanus (formerly at Augsburg, now at Munich) and the Cantabrigiensis are admitted to be among the very best, but the Palatinus at Heidelberg of the eleventh century, a Faticanus, some at Paris and a lost Balus, collated by Bekker in Paris in 1812, are variously estimated. To most of the mss. no dates are assigned ; but probably none, except those dated above, are older than the fourteenth century at the earliest. (c) Xenophon. (a) Cyropaedia—Oi this work thirty- nine mss. are mentioned by Sauppe. The best is said to be Parisinus 1635, written in 1447, but there are some older than this, notably (riielferbytanus, which is variously assigned to the eleventh or thirteenth century. The Altorfinus (now at Erlangen) represents another family. {b) Anabasis— Oi this book thirty mss. are mentioned, but there is considerable dispute as to their 40 CLASSICAL TEXTS. merits. The best is said to be a Parisimis (No. 1640) wntten in 1320 ; but another Pansinus (No. 1641) written later than 1453, a Vatican ms. (No. 987), and one in Eton College library are also highly esteemed, (c) Hellemai —Twenty-one mss. are kno^^l, of which the best are Paridnus 1738 of the fourteenth century and another Paridnus 1642 of the fifteenth century. The mss. of the other works of Xenophon are, like the above, mostly at Paris, mostly wTitten on paper, and of late date. (d) Lysias. All the extant mss. of Lysias' speeches are said to be founded on a Palatimts at Heidelberg of the twelfth century. (e) Plato. By far the best ms. of about half ol Plato is the beautiful Codex Clarkmms (brought from Patmos by Daniel Clarke in 1801), now in the Bodleian library at Oxford. It was written in a.d. 896, and contams twenty-four dialogues (not including the Republic), The best ms. of the other half, including the Republic, is Parisinus A of the eleventh century. Compared with these, the rest are not worth mentioning. (/) Demosthenes. Mss. of Demosthenes are rare, but several of them are as old as the eleventh century, and most of them contain a very large portion, if not the whole, of the extant works. They are divided by editors into three groups, of which the first is headed by a Paris codex (S or 2) of the tenth or eleventh century, distinguished by remarkable omissions in the text ; the second is headed by a Marcianus Venetus (F) and Inother Parisinus (y), both of the eleventh century ; the third by a Monacensis (A), also of the eleventh century, distinguished by curious simplifications of hard passages. Editors are not entirely agreed on the char- acter of S or 3, some maintaining that it gives the 2! ,-?- . • m ,. Sii^^ ^*-.*i. *,».f li ■XA> r^" •i (TTfiVl^^SL »* r I ^^3k 4^ *• « \/:k .3 a ?,r^a''a/v; ^T^. .^ ^f /. -v^* 'l.*'. ..•V--. •I I ■•■■■?«; .J'l^ I f' 1 1 1 ^t' fT^- :i^ •«*►< i- -ir. * S^'i'^ * ^^: ■;*^ ik2*>. u#.l '^l.Y. ,'*.:*■ t-lft ri* _ iS? ^..- S:-:>-:'V > ^ '«^. ;;^.-. T^%)s. APPARATUS CRITICI. 41 authentic text, others believing that it gives an edition by a clever scholar. (g) Lucictn. No ms. contains the entire works of Lucian. The best, B at Vienna, written about a.d. 912, contains only thirty of the shorter pieces. There are several in the Vatican, of which one, No. 90, of the eleventh century, contains the entire works, except nine of the less known compositions. The rest are much later ; A (Gorlicensis) is of the fourteenth, C (Paminus) of the thirteenth century. 23. Latin Poets. (a) Plautus. One of the oldest extant Latin mss. is the Amhrosian (Milan) palimpsest (A) of Plautus. This was written in the fourth or fifth century, and consists of a number of odd sheets on which a monk of Bobbio ^vrote a portion of the Vulgate in the seventh or eighth century. (It does not contain the Aulularia, but has about half the Tiinummus, and less of the Menaeclimi.) It was not discovered till 1815. Five more, Veins (B, at Kome), Decurtatus (* abridged,' C, in Heidelberg), Faticams(D),Amhrosiamis(E)B,Tid Britannicus (J,in British Museum) are all of the eleventh or twelfth century, and are all derived from the same 'edition' of Plautus, prepared by some early grammarian. These contain from eight to twenty plays. Other mss. are of the fifteenth century, and are mostly copied from D. (b) Terence. The mss. of Terence are extremely numerous, but the oldest by far is the BemUnus which originally belonged to the famous Cardinal Bembo (1470-1547), but is now in the Vatican. It was written in the fifth century, and is mutilated at the beginning (Andria 1-785 is lost). As in the case of Plautus, so a distinct edition of Terence, prepared by a grammarian I ■''. m 42 CLASSICAL TEXTS. \m ialliopius, is represented by three mss., Amh'osianns, Faticanus, and Basilicanus, all of the ninth century. (c) Catullus. Mss. which contain Catullus usually con- tain some other author also, as Tibullus or Persius or part of Ovid. They are all late. "All critics are now agreed," says the late Dr. Munro {Crit, and Elucidations of Cat., Introd., pp. iii. iv.), " that except in the case of one poem, the sixty-second, the whole of our manuscript material is derived from one single codex, which re- appeared at Verona in the beginning of the fourteenth century, and was afterwards lost to the world once more. The two main and independent representatives of this lost original are the Paris Codex Germanensis (G, from St. Germains), copied from that original in 1375, and the Oxford Codex (0), which appears to have been written about the same time." The Verona ms. is said to have been written about 900. The sixty-second poem is in a Paris ms. (Thuanaeus) containing a Latin anthology, also written about A.D. 900. (d) Lucretms. By far the most important mss. of Lucretius are two at Leyden. A and B, the former a folio of the ninth, the latter a quarto of the tenth century. There are also two old fragments, probably of a single ms., one at Copenhagen and one at Vienna. The Leyden mss. once belonged' to the great scholar Isaac Vossius (1618-1688). There are many more mss. (Munro mentions eight at Florence, six in the Vatican, and seven in England), but these are all derived from one which Poggio obtained somewhere in Germany or Switzerland about 1414, and which is now lost. This lost ms. must have very closely resembled A, and Lachmann has proved, beyond question, that all our mss. are derived from one lost original, " written in thin APPARATUS CRITICL 43 capitals, like the Medicean of Vergil; the words were not separated, but in the middle of verses points were put at the end of clauses" (Munro). It had twenty-six lines to the page, and "was clearly much torn and mutilated." {e) Vergil. Mss. of Vergil are very common indeed, and fully 150 have been collated. Among these, several are as ancient as any ms. now extant. The best copies are Faticanus 3867 of the fourth or fifth century ; the Palatinus, also in the Vatican and of the same date, and the Medicean (or Laurentian) which bears, after the Eclogues, the subscriptio of Apronianus Asterius, who was consul A.D. 494. All these are written in capitals, but not with great strictness. There are also several important frag- ments of probably still higher antiquity. These are known as Schedae Faticanae, a series of sheets with illustrations, Schedae Bescnptae (palimpsest) Sangallenses, and Schedae liescriptae Feronenses. After these authorities, the best is Gudianus (at Wolfenbiittel) of the ninth century, a very good copy. An earlier text of Vergil is often suggested by the notes of ancient commentators, of whom the best known is Servius, who lived about A.D. 400. On him and his predecessors, see Nettleship's additions to vol. i. of Conington's Fergil. (/) Horace. The mss. of Horace are extremely numerous in all countries. There are several in Eng- land, which Bentley used for his famous edition ; several in Switzerland, used by Orelli, and many more in France and Germany, used by Keller and Holder. Probably none of these is older than the ninth century, though there are several of that date and of the next century. The oldest is undoubtedly Bernensis (B) written in Ireland, but it is incomplete. This and some other mss. # 44 CLASSICAL TEXTS. are very largely founded on an edition of Horace, pre- pared by Vettius Agorius Mavortius, who was consul in Rome, A.D. 527. Another famous ms., distinguished by remarkable readings, was a Blandinius (V, vetustissimiis) which was seen by Cruquius, and in part collated, at Blankenbergh, near Ghent, but was destroyed, ^vith others, in 1566. This copy is now represented best by Gothamis (G), written so late as 1456. (See further the preface to Palmer's edition of Horace's Satires.) (g) Ovid. The Fasti of Ovid are extant in many mss., of which the oldest, A {PetamanuSy so called after A. Petavius who owned it about a.d. 1600), is said to be of the eighth century. It is believed to be now in the Vatican. The codex B, of the ninth century, is called Antndelianus, and ought to be in the British Museum. C, of the ninth or tenth century, is called Vossianus, and was in 1697 at Windsor. Merkel however (ed. 1841) declares that he cannot trace these mss., and knows them only through the collations of N. Heinsius (1620- 1681). D and E at Munich, and G at Gottingen, are of the twelfth century. Of the Heroides, the best and only valuable ms. is Puteaneus, now at Paris, of the ninth or tenth century. It is said to be one of the very best classical mss. now in existence. For the Tristia and Metamoi-phoses, like the Fasti, the foundation of modern criticism is, as with the Fasti and Lucan's Pharsalia, the enormous collection of variants made by N. Heinsius from mss. in different parts of Europe. The oldest of these is the same Arundelianus Avhich contains the Fasti. The best ms. now known is said to be a Marciamis at Florence, of the end of the eleventh century. (h) Juvenal. The best ms. of Juvenal is called Fithoe- anus, from P. Pithou, a French lawyer, who owned it APPARATUS CRITICL 45 in the sixteenth century. It is now at Montpellier, and is of the ninth century. Jahn enumerates several more of inferior authority, a Sangallensis and Parisiensis of the ninth century, an Finsiedlensis, and another Parisiensis of the tenth. A fragment was lately found at Aarau. 24. Latin Prose Writers. (a) Cicero. The works of Cicero are so numerous, and are scattered over all Europe in so many mss., that it is impossible to give a succinct account of any of them, ex- cept those of the Letters. These were discovered by Petrarch about 1345. The sole authority for the letters ad Familiares is in the Medicean library, and is of the eleventh century. The ms. which Petrarch discovered of the letters to Atticus is lost, but Petrarch's copy is extant, also in the Medicean library, and this is now the main authority. Other mss. however at one time existed, and were collated by Lambinus and Cratander. For the other writings of Cicero it will be sufficient to indicate the general character of the authorities. The Laurentian library contains 188 mss. of Ciceronian works, which are dated as follows :— Tenth century, 1 ; eleventh, 3; twelfth, 13; thirteenth, 9; fourteenth, 29; fifteenth, 132; sixteenth, 1. The National Library at Paris pos- sesses in its "ancien fonds latin" (i.e., mss. collected before the revolution of 1789) the following mss. :— Ninth century, 6 ; tenth or eleventh, 8 ; twelfth, 12; thirteenth, 26; fourteenth, 35; fifteenth, 138; sixteenth, 6. {h) Caesar. The connexion of the mss. of the Bellum Gall is proclaimed by several curious lacunae (esp. viii. 52-54) which occur in all of the group a, but not in those of group p. The group a is represented chiefly by A, an Amsterdam ms. of the ninth or tenth century, B, C, two m ^^' 46 CLASSICAL TEXTS. ■ I Paris mss., and R, a Vatican ms., all of the tenth century. The group P is represented by T, another Paris ms., and V, another Vatican, both of the twelfth century. The Bellum Civile does not stand by itself in any ms., but is joined with the Bell. Gall, in some mss. of class (3. (c) Sallust. Mss. of Sallust are numerous, and are mostly at Paris. In point of antiquity three Farisini, P, Pi, of the tenth, and P^ of the eleventh century, come first. These and several later mss. are distin- guished by a long lacuna extending from Jug. ciii. 2 to cxii. 3. This lacuna, arising from the loss of some leaves of the archetype, is filled up in mss. of the second group, written later, when the missing pages of the archetype were recovered (according to Dietsch). There are several mss. of this group at Munich (m, m\ m^) and at Paris (p, p\ etc.). Both the foregoing groups are defective in Jug. xliv. 5, where the words neque munie- hantiir ea are supplied by much later mss., as a Leidensis and auelferbi/tanus, both of the fifteenth century. Two mss. of the tenth century, one in the Vatican and one at Berne, contain collections of the speeches and letters from Sallust, edited by some grammarian. {d) Livy. The first decade of Livy comes to us, in the main, from editions prepared by two Nicomachi, who were both magistrates at Rome A.D. 431, and Victorianus, who is rather earlier. Several ancient mss., once known to scholars, have disappeared. The most famous now are a Mediceus and a Farisimis, both of the eleventh century, but there are several more. Fragments of Books III.-VI. are also preserved in an ancient palimpsest at Verona. The second decade is lost. The third decade (with a few omissions) is best preserved in a very good Paris ms. (called Puteaneus, from its former owner) of the eighth TEXTUAL CRITICISM. 47 century, and a Medicean of the eleventh cent. The fourth decade has been edited from a Mainz (Mogmtinus) ms. now lost, and one at Bamberg (eleventh cent.). The fifth decade is in part preserved in a Vienna ms. of the sixth cent. (e) Tacitus has been more hardly treated by time than any other of the great classical writers. For the first six books of the Annals there is only one authority, the Codex Mediceus or Laurentianus, discovered in Westphalia early in the sixteenth century, and presented to Leo X. (John (le' Medici), at whose death it was added to the Medicean library. It was written in the ninth century. Annals vii.-x. and Histories v.-xiv. are lost. The extant remainders of these works depend again on only one authority, Medi- ceus II., apparently of the eleventh century at the earliest. The Gerrmnia and De Oratoribus are best preserved in two mss., Leidensis (or Perizonianus) A, and Vatic. B, both copies of a lost ms. which came into Italy in 1460. The Agricola is preserved in two copies (F and A, both in the Vatican) of another lost ms., which came into Italy about 1490. Ritter believes that both these lost mss. were portions of the same codex as Mediceus I ill t VII. TEXTUAL CRITICISM. 25. For practical purposes, then, it may be considered that a codex is a parchment (usually called vellum) book, with writing on both sides of the leaves, and with mar' gins, which usually contain notes, written sometimes by various hands, usually later than the text itself. Some codices are dated from the fifth to the tenth centuries, a good many from the tenth to the thirteenth, but most 48 CLASSICAL TEXTS. r 1 from the thirteenth to the fifteenth. Of these the oldest are written in capitals or uncials, without stops or divi- sions, but with some contractions ; the latest in minuscules with stops ; but there are many styles of writing, varying according to the date and place at which the codex was written. The evidence however goes to show that originally all books were written in capitals, and it may be assumed that all our codices, however Avritten, were derived ultimately from " archetypes " written in capitals. We know of course that all our extant mss. of classical authors are later by many hundred years than the authors themselves, but we do not know in any case how many reproductions may have taken place between the author's copy and ours. We are certain, however, that even in the lifetime of an author very faulty copies of his book were often put into circulation, and that errors in pro- cess of time were so multiplied that ancient grammarians themselves revised and edited many texts. Now there is no extant ms. which does not contain many obvious blunders— lines which will not scan, words or sentences that have no meaning. These, of course, may often be corrected by reference to another ms., but it happens also not seldom that no ms. has the passage rightly, and again that though the mss. give good scanning or good sense, yet they do not give the same words. In all such cases, where the mss. contradict one another or support one another in an obvious error, the function of the critical editor comes in. It is his business to restore the text, as nearly as possible, to that of the author, either by determining for one ms. against another or by emending both. In so doing, he proceeds or ought to proceed by certain definite rules, which are now to be briefly described. But it should be remembered TEXTUAL CRITICISM. 49 that, owing to the late date and obscure origin of our mss., there are still hundreds of passages in which editors must despair of finding the original text with certainty. Here they offer conjectures which are more or less plausible according as they follow or deviate from the rules of legitimate emendation founded on known facts. 26. Errors of Fraud.— It is said by experts that (Week mss., though they are on the whole a good deal later than the Latin, are nevertheless on the whole " better " than the latter, because they were written by men who knew Greek tolerably well, whereas the Latin were often written by monks who knew only the church services, and those not very intelligently. But it should be remembered that a ms. is said to be "better" than another if it contains fewer obvious mistakes, and though Greek mss. may be in this respect much better than Latin, still they are by many hundred years further removed from the original author's copy, and may there- fore have deviated further from what the author actually wrote. The errors in a ms. copy may be intentional or acci- dental. Errors of the former kind are due to mala fides or ignorance on the part of the scribe, who wishes either to pass off as authentic what he knows was not written hy the author, or to make sense of what he does not understand. Thus in Iliad ii. the lines 553-555 and 558 were said, in ancient times, to have been interpolated or altered in order to give the Athenians a more prominent part in the Trojan war. But such alterations cannot have been frequent, and are not likely to have been perpetuated. It is believed that our mss. contain no trace of fraud. It would have been easy to add in Verg. 50 CLASSICAL TEXTS. TEXTUAL CRITICISM. 51 li In \ n 11 Ed. iv. a line or two distinctly indicating that the Messiah was contemplated by Vergil, but there is no such addition. Possibly an instance occurs in Horace Odes III. xviii. where several mss. read " Festus in pratis vacat otioso Cum bove pardus " (for pagus), in reminiscence of Isaiah xi. 6 ("the leopard shall lie down with the kid," etc.). But this mistake is very likely only a scribe's would-be " correction." Carredions of this nature are especially frequent in the New Testament, when there is a verbal discrepancy between two narratives, e.g., in Matt. xix. 17 the reading Tt fie €>a>T^s 7r€/)t tov ayaOod ; eh ia-Tlv 6 dyaSos is altered in some mss. to rt /xc Acycts dyaOov ; ovSek dyaOos el firj eh, in conformity with Mark x. 18. Similarly in Verg. Ed. V. 37 some mss. have dominantur avenae, imitating the line in Georg. i. 154. But, in classical mss., corrections are chiefly confined to grammar, e.g., in Horace Odes I. viii. 2 the old commentators wrote properas for properes : in I. iv. 12 some mss. have agnam for agna: in I. xiii. 6 two have manet for rnanent. These are gratuitous : but more often a scribe, having misread a word, adapts the crrammar of the rest of the sentence to his own mistake. 27. Unavoidable Errors arise from mutilations of the archetype. A scribe, with the best intentions in the world, could only copy what he had before him, and if his archetype was damaged, his copy would be defective. The Wolfenbiittel (Guelferbytamis) ms. of Aeschylus, for instance, which was copied in the fifteenth century from the Laurentian, has the same lacunae as the latter. All the mss. of Cornelius Nepos have the same gap in the life of Lysander. Sometimes leaves, which had come out of their binding, were replaced in a wrong order. Thus the Leyden ms. B of Lucretius has at the end four odd passages which originally belonged to leaves 16, 29, 39, and 115 of the archetype. The Leyden ms. A was copied from the same archetype before these leaves dropped out of their places. But damage may be only partial, as in Horace Ep. I. x., where Keller and Holder say that the initial portions of lines 1-18 "evanuerunt in e" (Einsidlensis), which ms. is also damaged in many other places. In such cases, no doubt, if the loss is small, the scribe is sorely tempted to supply it for the nonce. Possibly the remarkable variation in Hor. Sat. I. vi. 126, where all mss. but two have rabiosi tempora signi, while the two have campum lusunique trigonem, may be due to a small mutilation of one arche- type. Another frequent kind of mistake is also attribu- table to the archetype. A scribe who had omitted a line would add it at the foot of the page or in the margin, or would write it directly he perceived the omission, and thus his successors, copying from his ms., would get the lines arranged in a wrong order. A remarkable example of such confusion occurs in Horace Ep. I. xv. 38-end, where 11. 43 and 44 (or one of them), omitted in some mss., are inserted after 1. 38 in several and after 39 in others. ' 28. Accidental Errors ^ however are by far the most numerous. These may be ascribed to carelessness of ear in listening to dictation, or of eye in reading an archetype. Most of them fall under one or more of the following heads. 1 1 have generally confined my examples to cases where the error of one ms. is corrected in another. 52 CLASSICAL TEXTS. TEXTUAL CRITKjrSM. 53 \ i : (a) Error's due to dictation imperfectly heard are said by Madvig, a great authority, not to occur at all in classical mss. But this statement seems far too strong, and is belied by some of Madvig's own best emendations. The very frequent alterations of spelling— ^.^., in Greek, the interchange of 7;, ct, and t, at and c, ot and v, w and o, P and V in diphthongs ; in Latin the interchange of ae, oe and €, b and v, ci and ti — must have been due to a scribe's habit of listening to himself or to somebody else, rather than copying what was before him. Errors of this kind are, so far as we know, seldom serious, e.g., in I. Thess. i. 3, aSctaAtVTws in the Vatican ms. P is easily corrected to aStaAetTrrws ; and in Acts xxvii. 30, e^Mo-ai TO ttXolov gives nearly as good sense as cKo-wo-ai. ^ The large majority of our mss. date from a time when dictation was no longer usual, but they are derived from archetypes which were almost certainly written from dictation, and in which mistakes of this class must have l>een pretty frequent. (b) Letters confused. Obviously, in Greek capitals, A A and A, M and AA, C (2) 9 and O, H and TI are very similar and liable to be confused. So are C and G, E and F in Latin capitals. In Latin minuscules m, iu, ni, in, ut, hij or iec, lee, tec, were very easily confused. Con- tractions also were a frequent source of mistakes, for many of them are very similar in form or are very dimly indicated. Blunders of this class are very numerous indeed. Athenaeus himself (500 c) says that Dercylidas, by reason of his cleverness, was called 2KY*02 (cup), a mistake for 2I2Y4>02. In Horace's Odes I. iv. 8, some mss. have VISIT offidnas, others VRIT.i In Odes II. 1 It is usual to print in capitals variants or emendations which presuppose capitals in the mss. yi. 19, many mss. have mmium for minimum; in Ep. II. i. 198, they vary between nimio and mimo. In Propertius V. vi. 45, they have numen, lumen, or nimium. (c) Similar icords confused. Not uncommonly whole words are changed for others which have a superficial resemblance to them, e.g., ^^6vT^y and (i,raVTo>v, ^oVor and .). A remarkably pretty instance was discovered by Madvig. J 1f r'"''"''''^ o/Zeam.-«^, ii. 19, noted by Dr. H. Jackson for Mr. Palmer, Jour. Philology, xvi. p. 40. 54 CLASSICAL TEXTS. II ii HI I \^ i In Seneca Epp. Ixxxix. 4, he found the words : * philo- sophia unde dicta sit, apparet ; ipso enim nomine fatetur. Quidam et sapientiani ita quidam finierunt, ut dicerent,' etc. Madvig sets the passage straight by reading, *ipso enim nomine fatetur quid amet Sapi- entiam ita quidam,' etc. But more often a case of this kind is complicated by the alteration or omission of a letter or syllable, as in Thuc. viii. 46, where the mss. have cvrcAeo-Tf/oa rd Sewd for raS' ctVat, or Propertius V. vii. 61, where the mss. read * qua numerosa fides, qua querar ut unda Cybebes' for 'qmque aera mtunda (rotunda) Cybebes,' or Tacitus Ann. xiv. 22, where the Medicean ms. has qui e tiirUs for quieti urbis. (e) Transposition of letters or words is frequent, e.g., in Acts xiii. 23 for CPAIN {a-uynjpa 'l-qo-ovv) two mss. have OPIAN {(TU}T7]pLav) ; in Verg. Ge&i^g. iv. 71, one has aries for aeris. This seems occasionally to be deliberate. All the mss. give the first words of Livy's History as "facturusne sim operae pretium," whereas Quintilian expressly quotes them in the order "facturusne operae pretium sim " as part of a hexameter. Similarly, in Cic. de Fin. iv. 4, most mss. have retentam esse videmus, but some esse retentam videmus, by which order the concluding dactyl and spondee are avoided. Sometimes transposition is extremely stupid, as in Verg. Georg. ii. 356, where the very best ms. ends a line submoveret ipsa for sub vomere et ipsa. (f) Letters m- syllables omitted m' added are a common source of error, as may be inferred from examples already cited. In verse, of course, such mistakes are less easily made, because they would usually interfere with scansion, but they sometimes occur, as in Horace's Sat. II. iv. 11, where for celabitur a few mss. have celebrabitur. TEXTUAL CRITICISM. 55 This particular example has some connection with the two next classes. {g) Haplography, or Lipography, writing once a letter or syllable which should be written twice, is a special and very common case of omission. In I. Thess. ii. 7, the TextUS Eeceptus has fycvrjOijfiev rjirtoL for iy. vrjinoL of the oldest mss. Examples are also cited of decus for dedecus, dicit for didicit, Publius for Fublilius, etc. (h) Dittography, or writing twice what should be written only once, is equally common. A scholiast on Horace's Odes I. xxvii. 19 writes laboraborabas. The codex Puteaneus of Livy XXVII. xi. 1 1 has dedissent et jus liberum eosdem dedissent et jus liberum eosdem dedissent et jus liberum eosdem dedisse, a remarkable instance of sleepi- ness. A curious case of anticipation occurs in Demos- thenes, Fals. Leg. 20, where the best ms. (S) has 'ApL(rTOu}v Kal 6 'ApLO-ToSrjfio^ for KTr](riiov Kal 6 *Ap- LOToSrjfXOS. (i) Skipping occurs where a scribe, on looking at his archetype, loses his place. This is generally due to homoeoteleuton or the occurrence of very similar words near to one another. For instance, in I. John ii. 23, 7ra9 6 dpvovfi€VOop€ovcrt k.t.A,, was rejected by Zenodotus as a gloss on the preceding word kt^p^^^ti- ct>opriToviov oiJrco? €t>7?Tat Kal ov Kadibs >)Wa-a/.€.. The WOrds ev 7ro\Xot^...€tp'qTaL = 'itis SO said in many copies,' are of course a marginal note. But glosses very often actually oust the word which they are intended to explain, as iii Aesch. F. V. 958, where for the correct rpiTov Sc tov vvv Koipavovvr' kTrSxI^ofxat many mss. have the gloss rvpav- vorvr', which will not scan (cf. Agam. 549). (I) Proper names and fm-eign words naturally caused very great confusion. In Horace Odes I. xviii. 2, the name Catili appears as Cathili, Cathilli, Catthilli, Catilli, ChatUli; in Odes I. xxvi. 5, one ms. has Mitridatem for Tiridatem; in Odes III. xvi. 41, ^/ya/Zei appears variously as Halyathii, Aliathi, aliait thici, Halialyti, etc. In Cicero, Epp, ad Att. I. 1, ^Atov dvddrjfia is written as eliu onaohma. In De Fin, v. 87, a^a/x^iav is copied achamiam in one ms. and is left out altogether in two more. Greek scribes appear to have approached foreign words with more care. The speech of the Persian ambassador in Aristophanes Ach. 100, Lapraixav e^ap^av aTTLcra-ova crarpa is said, with slight alteration, to be good Sanskrit, iyarti man xarxa na pi^na satra, meaning * mittit me Xerxes, o scelerate, nequaquam' (Mr. Margoliouth's note in Class. Bevietv, i. p. 204, July, 1887). The TEXTUAL CRITICISM. 57 Phoenician passage in the Poenulus of Plautus (Act v.) is too corrupt to be intelligible. 29. Preparation of a Text.— A critic, who designs to edit the text of an ancient author, comes, or should come, to his text with some practice in reading mss., and consequently with some knowledge of ancient styles of writing, the approximate date of each, the contractions peculiar to each, the letters similarly formed in each, and the class of errors to which each would most readily give rise. His next duty is to look through the mss. at his disposal and classify them, and judge to which, in case of variance, he had best give the pre- ference. The oldest ms. is prima facie likely to be the best, but is not necessarily so, for a later one may be a good copy of a ms. older than any now extant. In such an inquiry, the neatness with which a ms. is written is not without weight, but very great importance is attached to spelling. We know pretty well, from stone inscriptions, the spell- ing of Greek and Latin at various dates, and if a ms. retains to a great extent the spelling current in the author's day, it is evident that it belongs to a series of careful copies. For instance, the Laurentian ms. of Aeschylus and Sophocles has Svfjo-KO), o-oifw, ^vv, and other correct forms which occur in the Attic inscriptions of the fifth century B.C. The Ley den mss. of Lucretius are conspicuously well spelt, and are therefore rightly valued. But old and well-spelt mss. may be mutilated, and a scribe who is intent on his spelling may be too little intent on the sense of what he is writing. Such mss., though they are usually first-rate clues to a right text, are not necessarily the best foundation of it. All the mss. must be taken into account. M' 68 CLASSICAL TEXTS. I ; Let us suppose an editor to have six mss. before him, viz. : — A, of the ninth century, with scholia. B, of the twelfth century. C, of the tenth century. D, of the tenth century. E, of the eleventh century. F, of the thirteenth century. On looking through A, he notices some passages which give no sense, and also some torn leaves. On looking through B, he notices that exactly the passages torn off in A are missing in B. He will con- clude that B was copied from A, and will take no further notice of B. In C, he notices that, though it is not so well spelt as A, it his the missing passages. Also C, along with some errors of its own, has some conspicuous errors in the same passages as A. On more closely examining the special errors of C, he finds that they are easily sug- gested by some peculiarities in the writing of A, and on examining the passages where A and C are both MTong, he comes to the conclusion that the scribe of C has been trying to correct the errors of A. He will infer that C was copied from A before the latter was torn, and he will not refer to C again, except for the passages absent in A. . 1 v In D, the editor finds that it is sometimes right where A is wrong, sometimes wrong where A is right, some- times both A and D have the same mistake, sometimes A and D are differently wrong in the same passage. On examining such errors, he conceives that they might all arise from a style of writing current in the seventh century, and he infers that A (supplemented by C) and TEXTUAL CRITICISM. 59 D are descended from an archetype of the seventh cen- tury, and represent a text of that date. E, though full of blunders, happens to have the right reading where both A and D are wrong. F, though a late and bad copy, has some entirely different readings, often great improvements, where A and D are agreed, and give a good, though inferior, sense. Some of these readings of F are obviously re- ferred to in a few scholia of A written in the tenth century. Then F represents a distinct edition of the text, which is at least as old as the tenth century. It may be possible on a further comparison of A, D, and F to go farther back still, but this statement is sufficient to show the preliminary j)roceedings by which, so t say, the genealogy of extant mss. is determined. 30. Conjecture.— But when the utmost scrutiny has been applied to mss., there still remain passages which we see to be corrupt, because they give no sense or do not scan or do not agree with what we know of the usage, in grammar, or style, of the author. For instance, in Horace's Satires II. vi. 29, all the mss. worth considering give Quid tihi vis insane et quas res agis improhus urget? one syllable too many. In all such cases, the editor must either leave a text which he knows to be wrong or must emend it by conjecture. But in conjecture he must be guided by a knowledge of mss. in general, and also by a particular study of the mss. before him. He may not, for instance, assume that mistakes common in uncial mss. are also common in cursive and vice versa. It is true that M and AA are frequently confused, but not /z and AA; conversely, o- and p may be confused, but not 2 or C and P. Also the same mistake is apt to occur several times in the same 60 CLASSICAL TEXTS. TEXTUAL CRITICISM. 61 ms., and the judicious editor will notice this fact, and endeavour to frame his emendations in accordance with the character of his ms. (See a good example below from Lucr. ii. 42.) An emendation is more or less plausible according as it restores sense or metre or both in conformity to the style of the author, and also sug- gests some possible origin for the error of the mss. 31. Examples of Conjecture.— r/t« known errors of mss. constitute the rules of conjecture, and a few exam- ples are here given of conjectural emendations founded on each of the classes of error above enumerated (§28):- (a) Dictation.— In Plutarch's Pelopidas i. 23, the mss. state that the Spartans, when the ranks were broken in battle, rallied round their nearest captains ottol ttotc Kal €voi/ ^ rovro Kal vdv yi/wvai. Dr. Badham suggested Kav vv. (e) Letters or syllables transposed.— In Seneca de Clem, i. 12, Haase's edition reads sed mox (de Sulla) consequemur quomodo, etc. Madvig corrects this to cum quaeremus. In Thuc. II. XX. 3, for tplo-xlXlol oTrAtTat F. Polle suggests TToAtTat as more suitable to the size of Acharnae. In Propertius I. ii. 13, for persuadent picta Mr. Housman proposes su-per-ant de-plcta, but written letters are not to l)e thus shuffled like type. (/) Haplography.—ln Cic. Epp. ad AU. xii. 46, the ms. has exto enim animo nihil agreste. Mr. A. Palmer conjectures ex toto. In Herod II. 25, for dX^eiv^^s rijs Xiopas iovo-rj^s Kal dvifioiv xpvxpojv of the mss. Madvig suggests dv€v dv€fj.(ov i/y. In Soph. Frag. 319, which is preserved in Galen as diry^c TreficjiL^iv ov ttc Aa? <^i^ l'^lv ov (reXaa-fjiopor. (g) Dittography causes a kind of error which is seldom removable by conjecture. Obviously if I write D. lunius Junius as a Eoman name, the second Junius may be omitted, but there is no clue left to what the third name really ought to be An example occurs in Hor. Odes HI. iv. 9, 10— 62 (CLASSICAL TEXTS. TEXTUAL CRITICISM. 63 1 a ^ It Me fabulosae Vulture in Apulo Nutricis extra limen Apulme, etc. Here either Apulo or Apuliae is wrong, for to leave both is revolting to sense and metre. But which is wrong ? Keller reads AVIO for APVLO : Bentley tried sedulae, Yonge villulae, Housman pergulae, for Apuliae, As a matter of fact, some of the best mss. have limine pidlme, which may be right, PuUia being the nurse's name. (h) Skipping.— Emendsitions of defective passages are especially pretty. In Thuc. iv. 72 the mss. have o^ fihroL Iv y€ Tw Travrl €>yco p€paim ouScTcpot TcXcvry^o-ai/TCS d7r€Kpldr,a-av. ' What was it that neither side did effectu- ally before they at last separated ? Dr. Badham con- jectured that the passage originally stood EPrfllBEBAIfiCOYAE TEPOirENOMENOIYnEP TEPOITEAEYTHCANTEC k.t.A., and that the words ycvofxhot iVcprcpot were omitted through the homoeoteleuton of ovSeTepot. In Herod i., c. 167, the mss. have twv Se SLacfyBapeLo-iuyv vcwi/ Toi'S ^v^pasoL T€ KapxvSovLOL Kal ot Tvpcrrjvol Uaxov t€ aiJTWv TrXdov^ Kal, K.T.A. Here Madvig suggests or tc K. Kalol T. 8tcv€t>avTo Kal ol Tvpcrrjvol k.t.X, the repetition of "Yvpa-rjvol having caused the slip. The same critic has a very neat emendation of Seneca De Tranq. Anirrme v. 5, Curius Dentatus aiebat malle se esse rmiuum quam nvere. Read qvxim nequam vivere. (i) Interpolations and Glosses are often suspected, and are usually removed by mere excision, as in Livy XXL xix. 9, cum qui id fecerunt Saguntini, where " Saguntini," a manifest interpolation, is easily omitted. But in cases where a gloss has ousted the word which it was meant to explain, conjecture must be resorted to. This is successful only in verse, where the metre is spoilt by the gloss, as in Aesch. Agam. 549, where Kotpducov is absolutely necessary and obvious for the rvpdvvuyv of the Laurentian ms. So probably in Hor. Odes I. xvi. 36, Ihacas is a gloss on Pergameas or some other such word begmnmg with a consonant. Interpolations and glosses are therefore more often suspected than proved. A good instance of suspicion justified occurs in Aesch Pmn. V. 6, where the unmetrical ms. reading d^ap^av- Tivoi^ TriSycTLv iv aV^^KTots Trirpac, is corrected by a scholium to Aristophanes Banae 827, dSap^avrc'va^u S^a-puv cv dppyJKTOLS TTcSats. (k) Proper Names.~ln Thuc. i. 61 a.Ko/.^.o. h B^potav KaK€t6€v iTTLo-TpiipavTcs was corTccted by Pluygers and Donaldson to KdKdd.v i^l ^rpi^^av. A very pretty emendation introducing proper names is Mr. Robinson Elhs's on Propertius IV. vii. 22. Here the mss. read qua notat Argivum poena minantis aquae. Mr. Ellis suggests qua notat Argynni poena Mimaniis aquas, Argynnus having been drowned near Mount Mimas. (/) More complicated cases.— It will have been noticed that some even of the very simple examples at present given involve a correction of more than one error, but the most brilliant emendations are those of longer passages, which have become corrupt by a series of blunders. For instance, in Seneca De Provid. 4 § 4, where the best ms. has laeti fluentem meliori casu sangninem ostentant, the true reading (first suggested by Studemund) IS laeti fluentem e lorica sua, etc., implying wrong divi- sion, dittography, transposition, and omission of aletter In Soph. 0. T. 1098-1104 the chorus asks, "Who was thy mother ? Was it some nymph wedded with Pan ? ^ v(r€ ira-nip Aortas ; ex- plaining the corruption as follows :— The -o-e at the end of €>vo-€ was dropt by reason of the previous ere. Then rE^YHATHP passed into rEOYrATHP : then rt? (which is not in the Laurentian ms.) was added to com- plete the metre, and Ao^^'as was changed to Ao^iov. (This reading involves alteration of the strophic line 1090, which is avoided by Arndt's i) o-e y' ^vvdreipd ns Ao^tor. Prof. Jebb therefore adopts this conjecture in his 2nd edition.) ^ In the same play, v. 1219, for SvpofxaL yap cos ireptaXAa (or TrepiaXa) lax^iov, Prof. Jebb reads ^rrep l6.Xep.ov In Soph. Aj. 1281 for oiU avp.pr'ivai, Madvig pro- poses of' (TV p.rj fiijvat, most aptly comparing 1. 1237. In Lucr. v. 311, 312 the mss. have denique non monimenta vimm dilapsa videmus qiiaerere pi'oporro sibimmque senescere credas? For the second line, Mr. Munro once proposed aeraque proporro soMumque senescere ferrum, thinking that credas was imported from credis, 1. 338, for the archetype certainly had twenty-six lines 'to the page, and thus 1. 338 might have been exactly opposite 1. 312. Mr. Robinson Ellis, I think, has since proposed aeraque proporro silicumque senescere vires. In Seneca Epp. xiv. 14, the author, after suggesting that a wise man may under some circumstances devote himself to politics, goes on sed postea mdebimus an sapientiara perdenda sit (sic mss.). Madvig suggests an sapienti opera r. p. (rei publicae) danda sit. In Horace Odes I. xxiii. 5, 6, mss. all read verk inhfyrruit adventus foliis, a pretty expression in English TEXTUAL CRITICISM. 65 but hardly suitable in Latin usage. Bentley, using earlier conjectures, edited vep^is inhorruit ad ventum. 31*. Ancient Variants and Rival Conjectures. —A word should be said also on the duty of an editor in regard to passages where different readings have equal authority. Here he must make up his mind to prefer one or the other, and his preference too is guided by his knowledge of the errors to which mss. are liable. As a general rule, the more difficult reading is to be preferred to the easier, for a scribe was more likely to simplify than to make difficulties. The shorter reading is usually also to be preferred to the longer, if both give an equally good sense. But the main principle in all such cases is to take the reading which best suggests how the other reading or readings might have arisen. This is also the principle which governs the choice between rival con- jectures. In most cases (and this is the same rule in other words) that conjecture is said to be the best which most closely follows the ductus litterarum, i.e., the words suggested by the letters actually found in the ms. E.g., in Verg. Aen. iv. 34, some mss. have *id cinerem aut amnes credis curare sepultos.' Here manes would be a much better conjecture than animas, though the latter is an equally appropriate word. Of course, conjectural emendation is not confined to the texts of Greek and Latin classics, but is required in all old literature that has descended to us in ms. In England also the early printers, who were mostly foreigners, made quite as bad mistakes as their predecessors the scribes, and the text of Shakspere contains almost as many hopeless difficul- ties as that of Aeschylus. One example will suffice to illustrate this fact and to show the wide difference of merit in conjectures. In Henri/ V., act ii. sc. 3, the hostess firi 66 CLASSICAL TEXTS. FAMOUS SCHOLARS. 67 says of the dying Falstaif, ' his nose was as sharp as a pen and a' babbled of green fields: The words italicised are omitted in the quarto editions, but are printed in the folios (with trifling variations of spelling) 'and a table of Ghren Fields.' Pope suggested (perhaps ironi- cally) that this was a stage direction to bring in one ot Greenfield's tables, Greenfield being supposed to be the furniture-dealer who supplied Shakspere's theatre. Mr. Collier proposed " on a table of green frieze," another critic suggested ''or as stubble on shorn fields." The reading " a' babbled," which is now universally adopted, is Theobald's, but it was first suggested by an anonymous annotator, who corrected " a table " to " a' talked." The emendation is a very beautiful example of the critical art. YIII. FAMOUS SCHOLARS. 32. The following list contains the names and dates of the distinguished scholars, no longer living, whose names are most often cited by modern editors. The place at which each chiefly worked is added.^ Ahreus, H. L., 1809-1881, Gottingeu. Badham, C, 1813-1884, Birmingham and Sydney. 1 It is soinetimea impossible, and often difficult, especially in the case of the scholars of the sixteenth century, to name a place at which each chiefly worked. Many of them were diplomatists, or were driven about, like H. Stephanus and Casaubon, by religious persecution. The German scholars of the beginning of this century also changed their appointments with remarkable rapidity. But the places here appended will at least serve to show what were, at different dates, the more renowned centres of learning. Baiter, J. G., 1801-1877, ZUrich. Becker, W. A., 1796-1846, Leipzig. Bekker, I., 1785-1871, Berlin. Bentley, R, 1662-1742, Trinity College, Cambridge. Bergk, Th., 1812-1881, Halle and Bonn. Blomfield, C. J., 1786-1857, Bishop of London. Boeekh, A., 1785-1867, Berlin. Brunck, P., 1729-1803, Strassburg. Burmann, P., senior, 1668-1741, Leyden. Buttmann, P. K., 1764-1829, Berlin. Camerarius(JoachimKammernieister),1500-1574,Leipziut the Alexandrians of the next century did not use pure Attic, and some of them, as Theocritus, wrote again in Doric and Aeolic. Some knowledge of the various dialects used in literature is therefore essential to the study of Greek in almost every period. (1) Aeolic is the dialect of Alcaeus and Sappho, and (in three idylls only) of Theocritus. Some characteristics of it appear in the language of the Boeotian who is intro- duced in Aristophanes' Acharnians, and it has left impor- tant traces on the language of Homer and Pindar. Dia- lects of this type were spoken in Aeolis (north of Asia Minor), Lesbos, North Thessaly, and Boeotia. (2) Doi'ic is in the main the language of Pindar and Theocritus. The Megarian in Aristophanes' Aclmrnmns speaks it, and there is a good deal of it at the end of the Lysistrata. Many Doric forms occur in the choruses of the tragedians, especially Aeschylus. Some of the extant works of Archimedes the mathematician are also written in Doric. Dialects of this type were spoken in Corinth, Megara, Argos, Laconia, and many colonies of Sicily and Magna Graecia (e.g., Syracuse, Tarentum), in Byzantium, Corcyra, Gyrene, Crete, and other places. (3) Imic was spoken in most of the Greek cities of the West Coast of Asia Minor and in most of the islands DIALECTS AND PRONUNCIATION. 71 of the Aegean. It is usually divided into (a) Old Ionic or Epic, the language of Homer and Hesiod, which again has largely affected the language of Pindar and the Attic tragedians ; and (b) New Ionic, the language of Hero- dotus. (4) Attic, the language of Athens and Attica, is usually classed with Ionic. The koivy) SlolXcktos of later Greek literature is largely founded on Attic. 34. Greek Pronunciation.— The Greek dialects differ from one another as all dialects do, partly (1) in their vocabulary, partly (2) in the forms and inflexions of words, and partly (3) in the pronunciation of words otherwise identical. Of differences in vocabulary (1) we know little except what authors happen to mention, as when Herodotus (vii. 197) in passing remarks that the Achaeans called their TrpvTaveiov by the name Xrj'iTov; and Thucydides (iv. 40) says the Spartans called an arrow arpa/cTos and Athenaeus (.500b) says the Epirotes called a cup kvpros. The differences (2) and (3) must be treated together, for most variations in pronunciation (practically all, except in accent and quantity) are reflected in spelling, and thus amount to differences in form. It has been said above that the alphabet in which all Greek literature and most Greek inscriptions have come down to us is the Ionic. Now to each letter of the Ionic alphabet and to various combinations of them special sounds were attached. But the pronunciation which we now assign to Greek vowels is not at all like the ancient, and thus we often grossly exaggerate dialectal differences. For instance, Doric tov, Attic , X were double sounds, as in pot/iook, hap/iazard, block/iead (com- pare dvO^ OTOV, €CJ> 0T0>, X^'^^^1 etc.). The vowels were pronounced as follows — a short, as in partition ; long, as in jather. € (short close e) as a in aerial. 11 as in pear (long open e, firj, /?>} of a sheep). I short, as in bit ; long, as in machine. o (short close o) as in poetical. (0 as in hm-e (long open o).^ » Notice that e and -q, o and w differed from one another in quality as well as quantity. This is the main point. Examples in print are very unsatisfactory, because the reader may not pronounce them as the writer intended. DIALECTS AND PRONUNCIATION. 73 V (originally as in brute) was modified to French u, German u^ (long or short), with a tendency to /. The diphthongs were originally all true diphthongs in which both vowels were distinctly heard, but they varied greatly in value at different dates, and the pronunciation of them at any fixed date, such as B.C. 370, can hardly be given with certainty. at was probably = English i, or ai in Isaiah, but tended to be shortened and ultimately became c"^ « was the long close vowel (as in feint), of which e was the short. ot was nearly as in English poet (slurred), but tended to be shortened and ultimately became v.^ VL was diphthongal (as in Fr. nuire), but the t was dropped before a vowel, e.g., vto? became v6^. a\fi was = English ow (a^ av was a dog's bark). €v diphthongal, as in Yankee tiiown. ov was, in the fifth century B.C., the long close vowel (as in .mil) of which o was the short, but by 350 B.C. it seems to have been pronounced as u in rule, taking the place that v had lost. The diphthongs with a long first vowel, as at, yi, wi, etc., were true diphthongs, with a tendency to drop the second vowel. ^ It is said that the English pronunciation of u ( = you) is the result of an attempt of the Saxons to pronounce the Norman- French 11. The Boeotians had a similar pronunciation, as riovxa for t6xv- a long French u or German il may be produced by pronouncing machme with rounded lips. 2 Hence iroXei, toXovtos in verse, and the rule of accentuation that final at and oi count as short syllables. 3 u in the diphthongs ai-, eu, ov was not the French w, but the original oo. 74 CLASSICAL TEXTS. It would appear also that the Greeks had a vowel soundi similar to that which is heard at the end of altar, lather, author, starbi^'d, etc., and in the representation of which they were not much more particular than the English. Cf. Greek ave/ios, Lat. animus, Attic ScKaros, Arcadian SLkotos. It seems sometimes to represent a dropped nasal, as in Trapco-KcvaSarat (for TrapeaKeixxSiTai), Accent in Greek was a matter of pitch, not of stress or duration. A syllable ^vith an acute accent was pro- nounced on a higher note than the rest in the same word. A syllable with a circumflex accent was modulated up to the acute pitch and down again. A syllable with a grave accent was pitched lower than the acute, but not lower than the unaccented syllables. Some Greek writers proposed to describe the grave accent as fj^a-ij (Trpoo-i^Sia). 35. Distinctive Characters of the Dialects.— These facts being premised as a guide to show what the chief apparent difi'erences of the dialects really mean, it will be sufiicient here to indicate by what signs each may be known from the rest. Aeolic may be known by (1) ohjecUmi to oxytones. It pronounced KaXos, (T6o^, ai'Tos, Sui/aros, Zcvs for KaAos, (T06^, avTOS, Si'yaros, Zcvs ; (2) freqimd objection to an initial rough hmthing, as €T€p09, a7raA.os ; {^) frequent substitution of l for v, as tVep, iY>/Xos ; l^) frequent use of v fov o, as ow/xa, aTrv; (5) frequent use of rj fm^ ct, as Krjvoepr]v ; (6) preference of labials to dentals, as TrtVi-pes, ttc/xttc, p€\LV€S, rjp for T€0-0-a/>€S, 7r€l/T€, ScAc^tVCS, 6li]p. iThis is often called "schwa," a Semitic name. DIALECTS AND PRONUNCIATION. 75 Doiic may be known 1)y its (I) preference fm- oxytones sind late accents generally, as IIoTctSay, aciScs, ovtws ; (2) retention of original t fm' a- between two vowels, as Tidr^ri for ridyja-i ; (3) preference of o-^ far f, as o-vpia-Sct for o-vpi^it ; (i) p-eference of k for r in many pronominal ter- minations, as OAca, dAAoAca for oT€, aAAoTC ; {b) frequent objection to final and medial o-.^ The Laconian for Ti» j» j» >» >» »j >> hgyday ! teehee ! 6ho! boohoo ! Y had its Greek pronunciation, ii, and this sound seems also to have been used in Latin words, where the spelling varies between i and u, as * maximus ' and * maxMmus.' (b) The diphthongs seem to have been frve diphthongs in which both vowels are distinctly heard, though rapidly slurred together. (c) Consonants were for the most part pronounced as in English, with the following exceptions : — C and G were always as in *came,' *j7ame.' S was always sharp, as in 'hiss.* R was always strongly trilled, more so than in ' narrow ' or ' he?-ring.' N before c, g, qu was like the English ng or n of * income. I consonant was like English y. U consonant was like English w. The pronunciation of final M is doubtful, but there is some evidence to show that this m was not pronounced at all, but the preceding vowel was nasalised, as in French en, on, etc.^ X was always = ks ; BS =ps ; BT =pt ; Z probably always -dzm * adze.' (d) The Latin accent, like the Greek, was a variation of pitch (see § 34), but it was also a variation of stress. ^ See further details in the tract on Latin Pronunciation in the Augustan period issued by the Cambridge Philological Society (Triibner). 78 GREECE. B. GREECE. X. GREEK CHRONOLOGY. 37. The Day.— The lapse of time is marked for men conspicuously and universally by the sun and moon. The intervals between one sunrise and the next, one new moon and the next, one harvest and the next, seem to be always the same, and every nation recognises the day, the month, and the year as more or less definite measure- ments of time. But there is not a round number of days to a moon or a year, nor a round number of moons to a year either ; and it was not till astronomy had been stTidied for three thousand years, and instruments of great exactness had been made, that the exact propor- tion of a day to a moon or a year was finally established. The Greeks reckoned days from sunset to sunset, and divided the period of daylight into irpm, fxca-rjfiPpla, and ^€t Ar^, the period of darkness into ea-irepa, fiio-rj vv^, and €ajs. Other vague names are common, as opdpos (sun- rise or getting-up time), irepl irXyOovo-av dyopdv (the third hour), TTcpt Xvxvf^v d<^as, 7r€pl tt/owtov vttvov.^ These times of course varied more or less during the year, as did the five 4>vXaKa'i into which soldiers divided the ni^'ht. For the more exact measurement of time in the daylight, two sorts of rough sundials, the iroXos and the yvw/iwv, of Babylonian origin, were used after about B.C. 520. The yvw/xwv was an upright stick casting a shadow on a measured horizontal table ; the ttoAos seems to have been an improved contrivance of the same sort. Pro- 1 The regular Greek meals were dKpdTieLvovTos. The days of the third period were usually reckoned backwards. The 20th and 21st days were also called SeKarr] irporipa and heKar-q vo-r^pa. Thus the days of the month were generally named :— 1. vovjjiyjvia. 2-10. Sevrepa — ScKdrrj la-TajuLcvov. 11-19. ivScKaTrj — cmrr) IttI Sckci, or TrpojTY] — ivdrrf fica-ovvToSf 20. €t/cas, 8€KdTrj irpoTcpa, II ii W A 80 GREECI'i. grp:ek chronology. 81 21. SeKaT-i] Olvovtos, Sckcit?/ vdrkpa. 22-29. harr] — Sevrepa * - - 3. BoTjSpofinou (September). 4. Ilvaveij/nov (October). 5. MaL/iaKTnp(ov (Nov.). 6. Iloo-ctScaji/ (December). K 8. 'AvOea-r-qpLiov (Feb.). 9. 'EAata or step {2h TToScs), the SiayXos of 2 stadia, the Trapao-dyyrj^, a Persian measure of 30 stadia, were also used occasionally. The measure selected in any given case was usually that which gave a round mmber, for the Greeks were always iProf. Ridgeway ingeniously suggests that originally the TrKidpov and ffrddiov were the shorter and the longer sides, respectively, of a 71^5, or acre, representing one day's ploughing for a pair of oxen. 86 GREECK. very much puzzled by fractions. It was easier, for instance, to say 3 ttijx^i's than 4 J ttoScs. But the irovs was the commonest unit. 43. Greek Square Measure.— The Greeks meas- ured small areas usually by square feet, as we do, and larger areas by the square irk^pov of 10,000 square feet (a linear irXkdpov = 100 ttoScs). 44. English Values.— It is extremely difficult to determine the value of a Greek foot, for the evidence is very confusing. The latest authorities, however,^ seem to prove satisfactorily that a Greek (or at least the Attic) foot was the same as the Roman, and that both were 0-97 1 of an English foot. The following table, therefore, shows the value (nearly) in English feet and inches of the Greek linear measures, and the relation of each Greek measure to the irov^ : — irXkSpov opyvLOL TTors aindapLi) TraXadT'/j SaKTi'Ao? 600 7r68c§ 100 6 1 TTOVS )> »> 3 = i 1 TIT 582 feet.2 97 feet. 5 feet 10 inches. 17| inches, about llf inches. 8| inches. 2^ inches. f inch. As an English rood (or J acre) contains 10,890 English square feet or about 11,200 Greek, it is evident iMichaelis in Joum. Hellenic Studies, 1883, iv. pt. 2, pp. 335- :^1, and Dorpfeld in Mitth. des deutsch. Inst, zu Athen (1882, 1883). 2 As the Roman pass^is = 5 Greek or Roman feet and the Roman mUe = 1000 passus, it is plain that the common reckoning of 8 stadia to the Roman mile was rather rough. GREEK METROLOGY. 87 that the Greek irXkSpov of 10,000 square ttoScs was a good deal smaller than a quarter of an acre.^ 45. Greek Measures of Capacity.— The Greeks, like us, had separate series of liquid measures (/xer/ja vypd) and dry measures (/xcr/oa ^-qpa). The Attic meas- ures, which are here given, were smaller, by about one third, than the Aeginetan used in Sparta and Pelopon- nesus generally. The Attic measiu-es were supervised by official fierpovofioL, and standards (o-r/i^oAa) were kept, of which stamped copies (G-rjKojfiaTa) were issued to the public. (a) Attic liquid measures — 1 dfji(f>opevs fJL€Tp7]T'/js (li cubic ft.) = 12 x^c?. 1 x^^^ =12 KOTvXai. 1 KOTvXr] z=z 4 6^vl3aa, (b) Attic dry measures — 1 ixeSifivos (2 cubic ft.) = 6 cktcls. 1 €kt£l's = 8 xo*»'t'^€s. 1 X^^^^i = 2 ^eorat. 1 ^ia-T-qs =z 2 KOTvXai. 1 KOTvXi) = 6 Kvadoi. The KOTvXrj was the same in both systems. English values. — The following are the English equi- valents generally assigned to the Attic measures, but there is some evidence to show that they are slightly too high : — (a) Liquid Measures. dfji(f>op€v<> fi€Tp7]Tri^ =144 KOTvXai = 8 gal. 5 pts. Xovs = 12 KOTvXaL = 5'76 pts. KOTvXrj =-. KorvXrf = 0*48 pt. o^v/?a<^oi' = ^ KOTvXrj = 0*12 pt. 1 Roughly, a Greek foot = an English foot: a TrXiBpov = lOO feet : a (rrdSioi' = 200 yards. 88 GRriEClli. (h) Dry Measures, fieSifivos = 192 KOTvXat = 11 gal. 4 pts. €KT€vs = 32 KOTvXai = 1 gal. 7 pts. ^OLVL^ = 4: KOTvXai = 1*92 ptS. ^ecrri/s = 2 KOTvXaL = 0*96 pt. KOTvXt] = KOTvXrj = 0-48 pt. K{'a(9os = iKOTvX-q = 0-08 pt.i 46. Greek Weights and Money.— The Greek wei^-hts everywhere bore to one another the following proportions, viz. : — 1 TctAavToi' = 60 fjivat (minae). I ^ySi =100 hpaxfiai 1 ^P^XM = ^ opoXoi The standards however varied in different places or at the same place at different times. For instance,^ the Aeginetan weights were used in Athens until Solon introduced the Euboic, which were more than one fourth lighter. The chief Attic coins, after Solon's time (B.C. 594) were the ohol, drachma, didrachmon (or stater), and tetra- drachmon. These were all in silver, and very little use was made of gold or copper before the time of Alexander the Great (B.C. 336).2 The English equivalents of the Attic weights are obtained by weighing Attic coins, an unsatisfactory process, because the Greek mints were not scientifically exact (cf. frontispiece, 1, 2, 3, 4). iKouuhly, a KorvX-n was a half-pint; a xo^^^^y 2 pints; a xovs, 6 pints. A KiJa^os was about |ths of an ordinary sherry glass. 2 The daric, a Persian gold coin well known in Greece, weighed exactly 2 Attic drachms or 1 stater. This was also the weight of the Homeric rdXauTov of gold, as Prof. Eidgeway has shown. The daric was about the size of a guinea. grep:k metrology. 89 Differences in the determination of the drachma are only slight, but they are of course greatly exaggerated in calculating the talent, Avhich weighed 6,000 drachmae. The following table gives approximate values of the Attic silver talent and its parts in English avoirdupois weight : — 1 talent =57 lbs. (or roughly J cwt.) 1 mina = 154- oz. (or roughly 1 lb.) 1 drachma = #^ oz. 1 obol = ^^ oz. The following table gives approximations to the value of Attic money in shillings :— 1 talent = (in weight) 4715 J shillings. 1 mina = „ 78^ shillings. 1 drachma = „ J shillings. 1 obol = „ J shilling. 1 The x^Xkov^, a copper coin, was Jth of an obol. 47. Purchasing Powers of Money.— Though the preceding table shows the amount of silver in the Attic coinage, it does not show the value of money in Athens. The purchasing power of money depends on two things: (1) the amount of coin in circulation, for people who have much money can afford to part with it easily ; and (2) the supply of commodities in the market, for that which is abundant is sold cheap. Although there were silver mines at Laurium, in Attica, money was much scarcer with the Athenians than with us. The rate of interest (i.e., the price paid for the use of money) ^Say, roughly, 1 talent = £235 ; 1 mina = £4; 1 drachma r:: a silver 9d. or a French franc ; 1 obol = a silver I^d. The English mint coins a pound of silver into 66 shillings only, but this is a pound troy, which is little more than | of a pound avoiro'upol.'i. 90 GREFX'E. was high (12 to 18 per cent, per annuin),i but it is of more importance to note that wages were lower. In the time of Pericles an artisan seems to have received usually only 1 drachma a day, and a juryman only 2 obols, which was evidently not a contemptible sum. Prices however were low in proportion. In B.C. 390 wheat is quoted at 3 drachmae a /xcSt/xvos (about lis. a quarter); and about the same time 16 drachmae (12s.) was considered a high price for a sheep. If mutton is cheap, so is wool ; and if wool is cheap, so is clothing. Though only a few prices are known to us, and these at widely distant dates, it is plain that the Athenians were on the whole extremely well-to-do. HISTORY OF ATHENIAN GOVERNMENT. 91 XII. HISTORY OF ATHENIAN GOVERNMENT. 48. Before Solon.— The Athenian constitution of the time of Thucydides, Xenophon, Plato, Aristotle, and the orators (or say from B.C. 440 to 340), retained so many relics of antiquity that it cannot be described intelligibly without some reference to its antecedents. But unfortunately our knowledge of early Athens is derived chiefly from very late writers, such as Plutarch (A.D. 100) or Pollux (A.D. 200), whose statements, be- sides being brief and disconnected, do not always, on the face of°them, agree with one another. Hence almost 1 Interest was usually calculated at so much per mina ixr month. Hence iirl dpaxM is 12 per cent, per annum ; iir' tvvto. 6/3oXo?s is 18 per cent, per annum. The rate per annum was described by the ratio of the interest to the principal : e.Q., rbKo% iTirpiTos is 33i per cent. ; i€KTos is 16§ per cent., etc. every historian has his own theory on the first growth of the Athenian democracy; and the following summary, brief as it is, bristles nevertheless with doubtful state- ments. We are told that Attica was originally populated by independent townships, which were subordinated to Athens, as the capital city, by Theseus. It is certain, however, that some of them, especially Eleusis, retained municipal independence for long afterwards. We are also told that the inhabitants of Attica were originally divided into four parpiai^ and each (f>paTpLa into 30 ycurj. It is said that there were 12 ^ipaTplai and 360 yiv-q altogether, but the same 4>p^Tpiai and ykvri might have recurred in each tribe, and thus there would be only 3 (jiparpiaL and 90 ycvr/. No name of any ancient paTpta^ is preserved, but we know names of 79 ycvrj^ some called after an ancestor, as the 'AAK/xatwviSat, BovraSat, others after an occupation, as Krjpv/ces, ^pctopux^t. It avoids many difficulties (though it raises one or two others) if we suppose that there were only 3 (t>paTpiai, and that ^ The only known name of a (pparpia is 'Ax^'tctSat, but this is in the fifth century B.C. 92 GREECE. these were called respectively EvTrar^/Sat, ywpyoL, and SrjiJLLovpyoL, or nobles, farmers, and artisans. There were certainly Ei^arpiSaL in every vH The members of the same ycvo?, the yhrj of the same cfyparpua, and the i;Ai were supposed to be con- nected together, respectively, by descent from a common ancestor, whom they worshipped. Hence there was a vXoPa(TiX€vs of each cl>vXi], a <^paTpiapxos of each paTpia, and an apx^^v of each yevo?, who acted as the priest in the various family celebrations. The members of each ycvos at least were bound together by certain laws governing marriage, inheritance and other family matters, and had a common meeting-place, a common burial ground, sometimes also a common landed estate. Athens was in the earliest times governed by kings, Theseidae, Melanthidae, and Medontidae in succession, who ruled at first for life, but after 752 B.c. for ten years only. In the year 712 B.C. the throne was taken away from the Medontidae and thrown open to all Eupatrids. In 683 B.C. the kingship was abolished altogether, and its functions were divided between nine magistrates who held office only for a year. These magistrates were possibly all called irpvTaveis, but are usually known by the later name of apxovT^s. It is €Tai {i.e., cTTt Tot? cTttis, * rulers of the clan') and sat, under the presidency of the (Saa-iXevSy as a court of justice in cases of homicide. For purposes of taxation, the people were classed in a special manner. Each tribe was divided into three rpiTTvcs, ^ which may have been identical with the (fyparpiai, and each TpLTTvs into four vavKpapiai, presided over by a TrpvTavis T(oi/ vavKpdpiov, whose duty was to collect the contribu- tions and find the soldiers required from each vavKpapU. The accounts of the irpvrdvei^ seem to have been audited by the KinXaKperai. It would seem that every possible office, from the archonship downwards, was at first held by the Eupatridae only; but it is clear that, about Solon's time,^ very severe struggles took place between the Eupatridae, Georgi, and Demiurgi, with the result that three Georgi and two Demiurgi were annually admitted to the archon- ship. Another indication of severe social struggles, of which we know no details, is that in B.C. 624 the archon, Dracon, was obliged to publish the laws in writing, whereas previously the law was unwritten, and was known only to the Eupatridae, who seem to have grossly abused their knowledge for their own benefit. It is also obvious, from the changes introduced by Solon, that a great disturbance in the wealth of the various classes had taken place, and that there was a vast number of debtors who had no means of paying their debts, and were reallj ^ Some historians ascribe this classiticatioii to Solon at a later date. ^ The date is the archonship of Damasias, but there were archons of the name both in b.c. 639 and b.c. 586. 94 GRliiliiC/ ill. HISTORY OF ATHENIAN GOVERNMENT. 95 or practically the slaves of their creditors. It is generally assumed that the Eupatridae had the advantage. ' 49. Solon's Reforms.— To remedy the intolerable maladies of the state, Solon, the son of Execestides, an Eupatrid, was elected archon in B.C. 594. He was al- ready well known as a statesman and soldier, and also as a poet of honest patriotism. His archonship was sig- nalised by the famous (r€t(7ax6'€ta, or 'removal of burdens,' a measure by which he freed the insolvent debtors from their difficulties. The mode in which he did so was not clearly understood by the historians who mention it. Such a reform could certainly not be effected without heavy pecuniary loss to somebody,^ but Solon evidently managed it with great tact, probably by giving or pro- mising to those who lost money some compensation in dignity. At any rate the success of the o-€to-ax^"a was such that Solon was later (perhaps as late as B.C. 570) permitted to carry his reforms further, and to revise the Avhole constitution and code of laws of Athens. His work in this respect was never entirely abrogated. (a) Solon first divided the citizens into four classes, called irevraKOO-LOfJieSLiMVOLj ittttcis, fcuytrat, and 6iJT€vW, parp[at and y^^r/, but he did not abolish it, and used it for some other purposes. Each of the four M^i elected 100 members of the f^ovh) of 400 which was intended to advise the archons. Also the division of each tribe into three tplttv^s and twelve vavKpapiaL, each with its president (TrpvravL,), was retained (or perhaps invented) by Solon. The duty of the Trpvravis r^v vavKpdpiov was to see that each man within his district paid his proper share of taxes and per- formed his just military duties. (The vavKpapla is said to have furnished a ship, of which the npvravL, was cap- tain The iTTireh are said to have served as cavalry ; the Uvylra. as hoplites ; the ^f/r.. as light troops and sailors.) (e) The court of Areopagus (as distinct from the e<^cTa6, cf.infra § 71) was created by Solon. The nine archons, if on the expiry of their term of office they satisfied the ,WvvoL passed into it, and it was entrusted with the censorship of public morals, as well as with the judgment of cases of intentional homicide, maiming, and arson In fact the Areopagus obtained practically the whole * criminal jurisdiction. It thus became a body of very large powers, and, as it consisted of men of practical experience in statecraft, its advice on matters of policy became very important. ^ (/) Solon repealed all the laws of the Draconian code, HISTORY OF ATHENIAN GOVERNMENT. 97 except those relating to homicide, and substituted for them others of his own, dealing with all sorts of matters, civil and criminal.^ The most important of these enacted that no citizen might hold more than a certain quantity of land in Attica, that no citizen might enslave another for debt, and that any citizen, dying without legitimate children, might leave his property by will to whom he chose. 2 Solon seems to have made no provision at all for new legislation, because he intended his code to be a per- manent settlement. The Solonian code was inscribed on square wooden pillars, amoves, kept in the Prytaneum. Stone copies of these, KvpfSei^^ were exhibited on the Acropolis, but were afterwards brought down to the market-place. 50. Reforms of Cleisthenes.— No alteration in the Solonian constitution was made by Peisistratus or his sons, who contented themselves with occupying the chief offices and taking a twentieth 2)art of the revenue. The next important reforms were made by Cleisthenes in B.C. 510. He divided the citizens into 100 demes (Stj/mol) or parishes, which, though limited to particular localities, were in many cases identical with the old ^Criminal law deals with crime, i.e., acts which the state deems offences against itself ; civil law deals with MTong-doing of a more private nature. Some acts may be both criminal and civil matters, such as assault, which is a breach of the Queen's peace and also a wrong done to a particular person. The distinc- tion is arbitrary. Some acts are crimes in one country which are only civil offences in another. 2 Previously his y^vos would have been entitled to it. At no time in Athens or Rome could a man entirely disinherit his legitimate children, if he had any. 98 grkecj:. HISTORY OK ATHKNIAN CHIVERNMKNT. 99 v^v,,. He distributed these 100 demes equally among 10 rf-vXa.', which were not limited to localities at all, so that members of the same .^vX^ lived in widely distant parts of Attica. He seems to have divided each ^o, into a number of paTply^ in^^ 3 rptTTvcs, and also into at least 10 8>>oi, each deme was divided into ^ar/xai of unknown number, and possibly each cf^parpU into a number of families {yhrj). A citizen became such by registry in his deme-list {kri^iapxt^ov ypafxfiaTeiov) at the age of seventeen, (h) Citizens were liable to mihtary service between the ages of seventeen and sixty, to XuTovpyiai and to dcTopa (in time of Avar). II. Officers. (1) Military. 10 iTTparyjyoi, having under them 10 Ta^lapxot in command of the infantry, 2 tTTTrapxot in command of the cavalry, and a rpu)papxo^ of each shi}). (2) Financial, (a) 10 'EAAT/rora/xtat, 10 TrwAryrat, and 10 7rpaKT6pes, collector.^ of revenue, (b) 10 rapat r^r Upon' xPVH-driov rrj, 'Adyvaia,, keepers of the state-treasury, (c) 10 dTTogcKTut (earlier KioXaKperat) and various rapat, midit^yrs and ^masters. (KB.-^The ^E AA>,voTa/xea^ were also partly paymasters.) (3) Judicial, (a) 9 ArcJM (chiefly to superintend cases), (b) ol Kara ^ixovs ^iKacrrai (judges in petty cases and superintendents in others). {c)Areapagus and Ejphetae (juries in cases of homicide and arson), {d) Helmstae )jurymen in ordinary cases). (i^.^—The Boule and Ecclesia had some judicial powers in political cases.) (4) Police. 10 a(TTvv6p.oi, 10 fieTpov6p.oi ol hSeKa, etc. Ill Delibei-ative Assemblies. (a) The Ecclesia of all POPULATION OF ATTI(!A. 101 male citizens (sitting at least 4 times in each prytany). (b) The Boule of 500 (sitting part of every working day to prepare bills for the ecclesia and advise the magistrates). (c) The 50 Prytanes (a committee of the Boule sitting all day), (d) The Areopagus (religious council), (e) The 1000 vopoOkTai (sitting occasionally to consider proposed new laws). (Of these assemblies, the Ecclesia only could pass laws.) XIII. POPULATION OF ATTICA. The population of Athens jind Attica consisted of slaves, resident aliens (fieroLKoi), and citizens. 53. Slaves {8ovXol) were excessively numerous. At a census taken in B.C. 309, the number of slaves was returned at 400,000, and it does not seem likely that there were fewer at any time during the classical period. They were mostly Lydians, Phrygians, Thracians, and Scyth- ians, imported from the coasts of the Propontis. They cost, generally, from 1 to 10 minae (£4 to ^40) a head, but they could be had cheaper, and some of exceptional talent fetched much higher prices. They were employed for domestic purposes, or were let out for hire in gangs as labourers, or Avere allowed to work by themselves paying a yeariy royalty {d7roopd) to their masters. Slaves were, of course, very unevenly distributed, but hardly any Athenian citizen can have been without two or three. The family of Aeschines (consisting of 6 persons) was considered very poor because it possessed only 7 slaves. On the other hand, Plutarch says that Nicias let out 1,000 and Hipponicus 600 slaves to Avork 102 GREECE. the gold mines in Thrace. The state possessed some slaves of its own (Sry/xoo-tot), who were employed chiefly as policemen (ro^orai) and clerks (yfja/x/xarcis). Slaves enjoyed considerable liberties in Athens, and had some rights, even against their masters. They did not serve as soldiers or sailors, except when the city was in great straits, as at the battle of Arginussae (B.C. 406). The worst prospect in store for them was that their masters might be engaged in a lawsuit, for the evidence of a slave (except in a few cases) was not admitted in a court of justice unless he had been put to torture. Slaves were sometimes freed by their masters, with some sort of public ceremony, or (for great services) by the state, which paid their value to their masters. A freed slave (d7r€A€i;^e/>o§) became a /x6TOlKos^ 54. M€ToiKot or resident foreigners were a numerous and valuable part of the Athenian population. The census of B.C. 309, above mentioned, returned 10,000 metics, and as these seem to have been heads of families only, the total number was probably about 45,000. They were mostly engaged in trade. The metics were enrolled in a list, and each adult male paid a yearly tax (/xcrorKtov) of 12 drachmae. They were not allowed to hold land in Attica or to share m the government ; but they were required to serve in the infantry or navy, to assist at some grand religious cere- monies, and to pay the heavy ' public work ' taxes.i A metic was required to choose some citizen as his ^po^rrdrrjs or patron. If he did not, he was liable to prosecution, ypai) airpocTracriov (cf. infra, § 73, n.). The duties of the TTpoo-raTT^s are not clear, but he was possibly 1 A6iTovp7'ai, to be enumerated below, § 77 (c). POPULATION OF ATTICA. 103 only a permanent surety. It would seem that the metic might himself plead in the law-courts. The metic might, for public services, be elected «70TcAi;s (i.e., on a level with citizens in regard to taxes), or even citcAtJ? (free from ' public work ' taxes), but it was excessively difficult for a metic to become a citizen. The vote of enfranchisement required to be carried in one ecclesia and confirmed at another, in which not less than 6,000 citizens were present. Even then the matter (as in Lysias' case) might be reopened in a law court (by 7/)a<^^ irapavop.uyv, inf., § 67 c) in order that careful evidence might be taken of the alleged services of the honoured person. An enfranchised metic could not be elected archon. The son of a metic and a citizen was no more legally entitled to the citizenship than a pure metic, but a great number of persons of the half-blood were by collusion introduced into the lists of citizens. These were some- times detected and expelled by a general revision of the lists (8ia\prj(l>L(rL^). About 5,000 are said to have been thus expelled by Pericles in B.c\ 445-4. There was another 8ia\j/Ti')(j>i(rt<; in B.(^. 346-5. 55. Citizens, 'Mt^valoi, obtained their title either by right of birth or by vote of enfranchisement, as above described. The Plataeans who fought at Marathon, B.C. 490, and the slaves who fought at Arginussae, B.C. 406, received the citizenship (limited, as in the case of en- franchised metics) by the latter method. These were called 8r]fio7roL7]TOL. The citizens proper were such as were legitimate children of parents who were themselves citizens. The parentage of every citizen was ascertainable by reference to public registers to be j^resently mentioned. 104 GRKKCE. The number of citizens is said to have been 14,240 in B.C. 445-4, and 21,000 at the census of B.C. 309. Thucy- dides (ii. 13) assigns to the Athenians at the beginning of the Peloponnesian war (B.C. 431) an army of 29,000 hoplites. Of these more than 3,000 were metics, but there must be added the O^re, who served in the fleet, so that the number of citizens then actually serving may be put at about 30,000. The proportion of male adults to the whole population ^ in the South of Europe is said to be 1 :4i; so the entire number of citizens, men, women, and children, may be put down as fluctuating, during the classical period, between 90,000 and 135,000. The legitimate child of Athenian parents received its name on^the tenth day after its birth. An eldest son received usually the name of his paternal grandfather, and the other children were named after other members of the family on either side. The naming of the child was merely a family cere- mony. At the festival of Apaturia (in Pyanepsion, about October), probably the next after the birth, it was usual to introduce the child to its <^f)aT/)ta {lyypd€iv or dpaTepLKbi- ypafip^arelov, by the clerk. iDr. Beloch, in his work on Die Bevolkerunq der Griech. Bom. Welt, states the proportion for ancient times as 1 : 3, and alleges that all the estimates of ancient population are exaggerated. 2N.B.— This was the Cleisthenean paTf>iai. POPULATION OF ATTICA. 105 Girls apparently required no other formal recognition, but boys had still to be presented before their Sr^os. This was done on the 1st of Hecatombaeon (about July), after the boy had attained the age of seventeen. i The S-qfioTat on this occasion voted for or against the admis- sion of the candidate. If he was admitted, his name was inscribed on the k-q^iapxiKov ypaiip^artlov, the list of thos'e who were entitled to A-^Ji?, or legal inheritance and pos- session of property. The boy, on admission, attained his majority, and was henceforth described by his own name, his father's name, and the name of his deme, as, Arj/jLoirdev- ?;? Arjfxoa-Oevov^s UaiavLev^:^ He was entitled henceforth to attend the eKKkrjo-La, though his military duties seldom allowed him to do so before the age of twenty. At this age, therefore, he was inscribed on the mva^ c'/c/cAr/- o-tao-rtKo's. He could, however, not become a senator {Pov\€VTrjs) or a juryman (r)Aiao-T7;§) before the age of thirty. The rights of a citizen were called iTTLTLfua. The loss of them, or a part of them, was called art/ita. Certain honours could be bestowed on citizens, as aTeXeia or freedom from * public-work ' taxes, Trpo^Spta or right to a front seat at festivals, o-lttjo-ls iv UpyTavetio or dinner at the public table, and o-rccfiavo's or a crown of gold pre- sented by the state. A child might be adopted {6€t6 ' Ayvovffiov. 106 GREECK. and S^-j/xos of its adoptive father. Adoption (OecrL,) of a child by a childless man was regarded as a duty which he owed to his ancestors, whose worship he was bound to maintain. 56. Divisions of Citizens.— It will have been seen that the Athenian citizen (that is to say, the adult male, who alone possessed political privileges) was necessarily a member of a ^arpm and a 8^/.os. He was also a member of a vh',, for each Sr-J/xos was part of a v^. (a) 4>vA7). The population of Attica was divided (by Cleisthenes) into ten .Aa; bearing the following names : 'EpexOriU, AiyrjU, HavBtovis, Acovrts, 'AKa/xavrt's, Olvrits, KeKpoTrU, 'iTrTTodiovrls, Alavrk, 'AvrcoxtV It is obviOUS that these names are derived from certain heroes, Erechtheus, Aegeus, etc., who were called the iTro'^wfxoi or dpxvy^rat of the tribes, and received religious honours from the i;A,€Tat. Each vX7) had some property, and held a meeting (dyopd) in Athens, apparently once a year, to elect officers and to discharge other tribal business. The overseers of the tribe and its property were called imfie- Ararat t^s i'Ar>, and were assisted by a steward, ra/xms. (b) Ar>os. Each v\y) was originally composed of ten scattered S.-j/xot, or parishes. The number of 8^/xot was therefore originally {ie, in the time of Cleisthenes) 100, but it was very largely increased afterwards. The demes were districts, as Acharnae, Marathon, Halimus, Myr- rhinus, but many of them bore a family name, as Boutadae, Daedalidae. They varied very much in size, from Acharnae, which is said to have furnished 3,000 hoplites in the Peloponnesian war to Myfrhmus, in which thirty members formed a quorum for the conduct of deme business. POPULATION OF ATTICA. 107 Each deme possessed landed estate, which was let out to tenants, and had internal affairs, secular and religious, such as the management of a temple or the paving and police of the district. All its business was controlled by the dyopd or assembly of ST^/xoVat, who appointed, as their executive officer, a Sry/xa/D^os or overseer of the deme, with clerks to assist him. The Sy)p,apxos kept the list of SrjixoTaL (the Xrj^LapxtKbv ypafifiaTciov above-mentioned), and thus stood in an important relation to the state, for the lists of Sij/ioTaL were the lists of citizens also. The 87}fiapxov\y and the Syjfios had some powers of punishing persons who disobeyed the orders of the tribe or deme. (c) The cjiparpta was obviously a subdivision of the deme, but practically nothing is known of its limits. (d) T/otTTjJs. Each i'A>y was divided into three fairly equal TpLTTV€parpia, a StJ/xos, a rpnrv^, and a ifyvXi). Each of these corporations, as one may say, had business of its own, which was discussed in public, and the transaction of which involved the appointment of officers, the keeping of lists and accounts, the collection and expenditure of money, the making of rules, the punishment of transgressors and defaulters. All these minor and local interests were obviously an excellent pre- paration for the larger interest in state affairs which every Athenian was called upon to undertake. And it is not to be supposed that Athenians were at all ashamed to take part in such business, as English gentlemen are to sit on a vestry or a town council. On the contrary, a large part of the population left their private aflairs for slaves to manage, and devoted themselves entirely to their public duties. XIV. THE ATHENIAN OFFICIALS. ^ 57. Of Athenian Officials in general. (1) Most of the public offices of Athens were filled by committees of ten citizens, though each of the ten tribes did not always have a representative. Of such com- mittees, some were appointed for ordinary purposes, and some for extraordinary, such as the building of a par- ticular temple. We are concerned here only with the ordinary offices. (2) Ordinary officials^ were appointed usually by lot 1 The word ' officials ' here means those who were directly responsible to the ecclesia, and does not include the clerks (7paM/^Tcrs), who seem to have been appointed by the ' officials,' and were sometimes permanent assistants in the office. THE ATHENIAN OFFICIALS. 109 from among the candidates, but the chief military and financial officers, whose work required skill and ex- perience, were elected by vote {x^ipoTovia). No officer held more than one post at a time, or held his post for more than a year. It was also the rule that no officer should be re-appointed to his late office for a second year, but this rule did not apply to the o-Tparrj-yoL^ who might be elected (as Pericles and Phocion were) year after year, and so gain a great ascendancy in the state. All officials were appointed at the end of Munychion (April), 1 and entered on their office at the beginning of Hecatombaeon (July). Every official was required to undergo, before assum- ing office, a SoKLfjLctxTLa or ' approval ' before a law court.- This was an inquiry into his conduct, his exactness in paying taxes, etc., and it sometimes happened that he was rejected (direSoKLfxaia-Or]). Every official was also required to take an oath of allegiance. Every official, on laying down his office, was subject to account (cr^wa) before public auditors (evOvvoi)^^ and was ^ The archons held an ecclesia for dpxaipeaiai, i.e.^ for the elec- tion of such officers as were elected by vote. For the others, lots were drawn by the archons in the temple of Theseus {Qri(Teiov). Tablets (Trij/d/cta) bearing the names of the candidates and bean {Kvafioi) of equal number were placed in two vases. A name and a bean were drawn together, a white bean scoring election. - Many officials (probably all those chosen by lot) underwent 8oKi/jLari Trapavoinav) specially assigned to their office. They made up the juries for all cases (by whomsoever superintended) which came before a jury at all. They also paid the /xmt^o? €K/cAr^(rtao-TtKos. 62. Minor Civil OflBcials. — {a) ol cvScKa were a committee who, among other duties, had charge of the prisons and executed legal corporal punishments. They also superintended criminal cases where the criminal was taken in the act (cV avrojxhpia) and brought before them summarily (by airayuiyi]). In some of these they even gave judgment. {h) The ten ao-riro/^ot, five for Athens and five for the Peiraeus, had charge of the paving, water supply, and police, and were also custodians of wells. They had some powers as petty magistrates. Duties similar to those of the ao-rwo/xot, but confined to the care of the market-places, were assigned to the ten dyopa- VO/JLOL. (c) Beside these, there were many committees of minor officials, each with limited functions : such as the /i€T/oovo/xot, who inspected weights and measures, the tViftcAr^Tat Twv v€U)pi(j)v, or overseers of the arsenals, v\aK€^t>;9 or steersman, the kcA- €iHTTris or boatswain, who set the time and gave orders to the oarsmen, the vavirrjyos or carpenter, etc. The remainder of the crew consisted of (a) about 10 ^TTLpdrai or hoplites serving as marines; (b) 62 OpavlTai, who pulled the longest oars (on the top tier); (c) b% Cvylrat, who pulled the oars of the middle tier ; (d) 54 daXaixLTai, who pulled the lowest and shortest oars. These oarsmen, vavrai or vavpdrai, were obtained from the poorer citizens and metics, and also from mercenaries. Pay and keep were given to each sailor as to each sol- dier, the dpavlrai receiving the highest wages, because they had the hardest work. The pay varied in amount from 3 obols to a drachma per diem. The insubordinate were liable to the same prosecutions as in the army, but €Tai, sitting €7rt HaWaSiii), tried cases of unintentional homi- cide (manslaughter) and incitement to murder. Sitting cVt AeXifiivio}, they tried cases of justifiable homicide (e.g.^ ^ See snpra, pp. 93, 96. 2 The places seem to have been originally oh-yla, to which criminals fled for protection. The functions of the iipirai were in the fourth century b.c. considerably curtailed. ^•'' 126 GREECE. ATHENIAN LEGAL PROCEDURE. 127 in self-defence). Sitting in Phreatto, a part of the Piraeus, they tried persons who had committed a mur- der while under sentence of exile for justifiable homi- cide. Sitting €v UpvTaveLij), they tried cases of slaying in which the culprit was unknown or was an inanimate object, such as a beam. The preliminary proceedings took place before the /^ao-LXevs, and were of such solemn formality that the i^riyr^Tal twv ba-'nav^ were charged to direct complainants how to conduct them. None but near relations of the murdered person could prosecute the murderer. But the great majority of cases in Athens, both criminal and civil, were tried before r^Xiaa-rai, a body of jurymen so called from their chief court, the iJAtata, near the offices of the Oca-fioOhaL. (a) Every Athenian above the age of thirty years was eligible for the office of rjXiao-rrjs or StKao-r?;?, but only those who gave in their names to the archon, as wishing to serve for the ensuing year, were actually employed. These were sworn in a body, at the commencement of their year of office, to abide by the laws and give true verdicts according to the evidence. They were then divided into ten groups, numbered with the letters of the Ionic alphabet from A to K (F not being used), and each TjXiaa-Trjs received a bronze ticket i)eariug his name and the letter of his group (see Frontispiece, 6). * (h) The jurymen in each case, and the court in which they were to *it, were allotted by the Sea-fio- ^€Tat, who gave to each juryman a staff (cf. Iliad 1. 238). The letter of the jurymen assigned to each court for the ^ These ' interpreters of the sacred law ' were three in number, probably Plphetae and of the order of Eupatridae, who possessed unwritten traditions on the subject of homicide and burial. I , I / day and a staff (o-<^r;/cto-/cos, cf. the Roman hasta, fesima) were exhibited over the door of the court. The number of the jury varied very much. We know of juries of 201, 401, 501, 1001, 1501, 2001, and 2501. {KB.— Military, commercial, or other special juries were some- times required for special cases.) (c) Heliastae were paid from the time of Pericles, at first at the rate of 2 obols, after 425 B.C. of 3 obols, after about 390 B.C. of 4 obols a day. The courts did not sit on holy days {i.e., on feast days and on unlucky days) or on days when an ecclesia was held. 73. The Cases (aywi/c? or StVat) which came before the YjXiaa-Tal may be divided in various ways, as : {a) Private or public, lSlol or Srjfioo-ioL.^ A private action could only be instituted by the person wronged. A public action could be instituted by any citizen, but the fine or damages went generally to the state, and the complainant was punished if he did not obtain one fifth of the votes of the jury.^ {b) SUai Kara tlvoi]\ that is, a plea that, whatever he had done, there was no law against him, or the court had no jurisdiction. A demurrer was almost always referred to a jury. If it was not raised or was rejected, the case proceeded as a * straightforward case ' (evOvStKia). When all the neces- sary depositions had been taken, and the relevant documents produced, the (archon) sealed up the whole evidence in a box (ex^i^os), along with a copy of the relevant law or laws. He then fixed a day for the trial i by arrangement with the Oeo-pLoOirai, who gave notice to the jurymen. At the hearing or public trial, the same (archon) who had taken the dvaKpio-Ls presided. Proceedings began with sacrifice, after which the barrier round the court was closed. The clerk (y/oa/x/xarer?) read the pleadings and depositions taken in the dvaKpio-Ls. The plaintiff made his speech, and then the defendant. Afterwards professional advocates were sometimes allowed to speak on either side (o-wi'iyopoi, o-iVStKot), but speeches were usually limited to a certain time measured by a water clock (KXei/nfSpa). Each party had his own ^?J/xa ; and the defendant was often supported by his wife and chil- dren, clad wretchedly, and weeping, to excite pity.^ After the close of the speeches, the jurymen proceeded to vote. Each had two voting tablets, one whole for acquittal, the other bored in the centre for condemna- ^ An application for delay was called vrwfxoaia. I 'J\(^\ CXf ^-^^ I u 130 GR£j£iCiii« tion.^ These were deposited in two urns, the one, Ki'ptos KaSia-Kos, for votes used ; the other, aKvpos KaSto-Kos, for votes withheld. The presiding (archon) counted the votes, and gave judgment accordingly. If the defendant was condemned,- and the dywv was TifirjTos, the question of damages was then tried, the plaintiff supporting one estimate (rifir^fia), the defendant another (avrLTifiiqixa), 75, Execution of Judgment. — In cases of crime the punishment was entrusted to state officers — viz., the death penalty to ot cVSc/ca, fines to ol irpaKTopes, con- fiscation of goods to ot TTdiX-qTaL (cf pp. Ill, 113). In civil cases the plaintiff had to get his damages himself, but the defendant was ordered to pay them by a particular day. If he did not, he was liable to a Si/ct/ €^ov\y}s, in which the state intervened. There was no appeal (ecjyco-Ls), but a defendant who had been condemned in his absence (eprjfjLTjv d<^A€tv sc. 8tK7]v) or by perjured testimony, could get his case re- heard (avTiXax^Lv). A judgment could also be annulled, if the witnesses were subsequently convicted of perjury in a SIktj xpevSofiapTvpLdJV. It would seem that there was a great deal of bribery in Athenian courts, and that jurymen in their decisions paid little regard to the law. 1 In earlier times there was only one voting tablet but tVo urns, one Trporepos for condemnation, the other ilo-repos for acquittal. 2 If he was not, the plaintiff in some cases was fined by iirw jScXfa, supra y p. 127, n. I ATHENIAN FINANCE. 1 3 1 XVIII. ATHENIAN FINANCE. 76. Expenditure —It will have been seen, in pre- ceding pages, that the ordinary expenditure of Athens in time of peace involved payment of jSovXevTac^ of citi- zens attending the ecclesia, of dicasts, and of inferior officials. To this must be added the OeiopiKov, a payment to help the poorer citizens to keep holiday,^ the charges for the festivals and sacrifices, for embassies, and .for public buildings of various kinds. The maintenance of the navy and the equipment of the army also involved annual expenses, which were enormously increased, by the pay of soldiers and sailors, in time of war. The first three years of the Peloponnesian war cost 7,400 talents, or nearly £2,000,000 sterling. Petty charges,^ amounring in the whole to a considerable sum, might also be enume- rated. It remains to be seen how the revenue, necessary for this expenditure, was raised. 77. Income (Il/oooroSot). — (a) Ordinary. During the existence of the two Athenian leagues (B.C. 454-412 and B.C. 378-338)-^ the chief steady source of Athenian income ^ Each received two obols for each day of the festival. The payment, when introduced by Pericles, was only made for the Dionysia and Panathenaea, but was afterwards made on all festivals. ^Such as the rearing of orphans and largesses of corn to the poor. •^The dates here given are not exact, but are adopted for the present purpose. B.C. 454 is the date at which the tribute of the first league was transferred from Delos to the Athenian treasury. The league was formed after the Persian war. Similarly, the second league was in formation from B.C. 395, but did not attain any importance till 378. 132 GREECE. was the tribute from the members of the confederacy. That from the first league was raised at various times, till in B.C. 425 it amounted to about 1,250 talents a year (nearly £300,000). That from the second league was much less. The ordinary income raised in Attica in time of peace was divided into two parts, the steady, called Kara^oAat, and the fluctuating, called Trpoo-KaTafSXrjfJLaTa. The KaTa/3o\ai consisted of rent from state propert}', especially from the silver mines at Laurium, and various taxes on commerce, such as irevT-qKoo-Ty or duty of two per cent, levied on all goods imported or exported at the Peiraeus, the kiriovtov, a duty on all sales, the 5ia;ri'Atoi/, an octroi on all goods brought to market. To these must be added the /leroLKiov, or poll-tax on resident aliens. All these duties and taxes of course fluctuated in fact, but they were considered steady, because they were sold to tax-farmers (rcAwi/at), who paid a lump sum to the state and recouped themselves by collecting the taxes. The Trpo(TKarapXi]ixara were legal fees and fines, which of course the state collected itself. (h) Extraordinary. By means of the Actroi'/aytat, to be presently described, the state got rid of numerous bur- dens at the expense of a few rich individuals, and it also often received handsome presents, cVtSoo-ct?. But in time of war, when expenses were heaviest, a special tax called €tcr0o/oa was imposed. This was a kind of income-tax, levied according to the Solonian classification in such manner that the richer citizens paid a higher percentage than the poorer. For the Solonian property classes a new system was introduced B.C. 378-7, in the archonship of Nausinicus. From this time the people were divided, ATHENIAN FINANCE. 133 for purposes of eiVc^opa, into o-vfifiopiaL, graded ac- cording to their wealth.^ The first o-vfxfiopia consisted of the three hundred richest citizens. The tax was at first collected by the state, but, after B.C. 362-1, these three hundred citizens paid the whole produce of the tax down {Tpoua-cjiopd)^ and collected afterwards the con- tributions of the inferior symmories. The a-rpar-qyoi determined the amount of the contribution of each symmory. (c) AuTovpyiai. It remains to describe the mode in which the state relieved itself of some burdens by im- posing them directly on certain wealthy citizens. Such burdens were called Xeirovpyiai.^ These were — (1) Tptrjpapxia, the fitting out of a trireme (see step. § 70 note), originally imposed on one person, after 405 B.C. on two, after 356 B.C. on the trierarchic symmories. These were the 1,200 richest citizens, divided into twenty symmories of sixty each. More than one tri- reme might be assigned to each symmory, who chose from among their number the captains. When two trierarchs provided a trireme, each commanded it for six months. No man could be burdened with rpi-qpapxta oftener than once in two years. (2) Xoprjyta^ the provision of the chorus and their trainer, and musicians for a play. This also might be imposed on more than one person. (3) Vvfivaoriapxta, the charge of decorations and other provisions for public games, especially for those cele- brated with torch-races {Xapiira^cjiopiai), such as the Panathenaea. ^The list of the symmory was kept by its richest member, * Astros, X€rros= popular, public. 134 GREiECE. (4) 'Ea-Tiao-Ls, the charge of giving a dinner to a phyle. In case any man, upon whom a XcLTovpyia was im- posed, considered that another was richer than himself, and therefore more justly chargeable with the burden, he might challenge the other either to assume the burden or to make with him an avTiSoa-L?^ or exchange of pro- perty. Such a challenge, if declined, was converted into a law-suit, and came before a heliastic court for trial. XIX.— SPARTA. 78. Population of Laconia.— It is clear that the Dorians (who are almost unknown to Homer) came into the Peloponnesus from Thessaly at a later date than the other Hellenes, and that they came by two routes, one division crossing the Corinthian gulf at Naupactus, the other entering by the Isthmus of Corinth, or on the eastern coast. The former ultimately settled at Sparta, the latter in Argos, Corinth, and Megara, but the two groups of Dorians always maintained some traditions of kinship. Dorians everywhere refrained from war during the holy month Kapvehs (August), and were divided into the three tribes of "YXXds, AvyitSm, and Ha/xt^pAot. Also the circumstance that all Dorians held their terri- tory by right of conquest, gave common characteristics to the structure of all Dorian states. In all alike there was a class of slaves, a subject class of freemen without political rights, and a governing class of pure Dorian blood. These, in Laconia, were called eikiDTeSf 7r€pioLKOL, and ^TvapTiaTai respectively. {a) The EtAwrcs, helots (called in Argos, Pv/^i/rjo-tot), SPARTA. 135 were apparently an earlier population, already reduced to slavery by the Achaeanswhom the Spartans conquered. They were the property of the state, not of individuals, and could be manumitted only by the state. They were assigned, however, to individual masters, whose, lands they cultivated, and to whom they rendered a fixed annual produce. They were employed, in war, generally as light infantry and as oarsmen of the fleet, but during and after the Peloponnesian war they were sometimes used as hoplites. In that case they were enfranchised, and called I'eoSa/AwSets. They were horribly ill-treated, and were suspected, not without justice, of undying hatred to the Spartans. {h) The H^pioLKoi (called, in Argos, 'OpveaTai) remained free after the conquest. They occupied a hundred petty towns, and were engaged in commerce and menial arts, such as were forbidden to the Spartans. They, or some of them, were superintended by Spartan apfioo-Tai Their chief duty was only to serve as hoplites in war. At Plataeae they furnished as many hoplites (5,000) as the Spartans themselves. (c) The Spartans proper inhabited five neighbouring cantons, the aggregate of which was called Sparta. They were divided into the three Dorian tribes above mentioned ; each tribe was again divided into nine ffiparpiaL, and each paTpla was further subdivided into a number of uypaL 79. Government of Sparta.— The political con- stitution of Sparta and the rigid rules of Spartan society were attributed, by the ancients, to a certain Lycurgus, about whom so many different accounts are given, that most modern historians are inclined to think he is a fabulous person. It is not necessary here to discuss 136 GREECE. SPARTA. 137 this question. There was, at any rate, a very ancient Spartan legal code, consisting of p^Tpai, * compacts,' which were believed to have been either expressly dictated, or at least expressly sanctioned, by the Delphic oracle. These, indeed, were not regarded as inviolable, and were occasionally altered, but in classical times, at any rate, the Spartan constitution was very little affected by reforming tendencies. {a) The Kings. At the head of the government stood two kings, one of the family of Agidae, the other of the family of Eurypontidae. The royalty in both families was hereditary in the male line, subject to the curious rule that only those sons could succeed who were born after the king had attained the throne. The two kings, who seem to have been perfectly equal in powers, like the Koman consuls, were originally the priests, judges, and generals of the state. Priests they always remained, but in the time of Herodotus their judicial powers were confined to family cases (^.^7-, inheritance) and the control of the high roads. Also their power over the army was somewhat curtailed. After B.C. 506 only one king was allowed to take the field at one time, and he, at the time of the Persian wars, was subject to the control of the Ephars, who gradually assumed the management of all foreign affairs. (b) These Ephms, €cf>opoL, * overseers,' seem to have been originally created for the purpose of maintaining the Spartan discipline among private citizens, but the per- petual quarrels of the two kings raised them to a higher importance. They were five in number, and were elected by the people. They held office for a year, and the first of them gave his name to the year. They were the real governors of Sparta, and to them consequently ambassa- dors of foreign states were sent. Two of them ac- companied the king on a campaign, and criticised his conduct, while the remaining three were kept regularly informed of the progress of the war by means of the secret despatches called a-KVTdXat. They raised levies, imposed taxes, took measures to keep down the helots and perioeci, expelled strangers, and acted as judges in all matters of police and private disputes, except those which were reserved for the priestly cognisance of the kings. (c) The yepovo-ia, the standing council first of the kings, afterwards of the ephors, was a committee of twenty-eight Spartans above the age of sixty years. ^ These were elected from the noblest families by the people, that candidate being chosen whose name was most loudly cheered by the assembled multitude. The proper funcfion of the gerusia was merely to advise the king and ephors, and to prepare laws for the voting of the people ; but in the sixth century B.c. the kings Theopompus and Polydorus obtained from Delphi a new prjTpa, authorising the kings and gerusia to set aside ' crooked ' decisions of the people. {d) The aTreAAa or assembly of the people consisted of all Spartans above the age of thirty years, and was called once a month in Sparta. The ephors presided. The kings, ephors, and members of the gerusia alone were allowed to speak. The people merely voted on the mat- ters submitted to them, and their votes, as has just been said, were not always respected. 80. Military Discipline of Spartans.— Com- pared with the subject helots and peiioeciy the Spartans were so few in number that they regarded themselves as 1 The two kings also sat in the gerusia. 138 GREECE. I||^ a military garrison, and shaped their whole lives to the business of war. No deformed child was allowed to be reared. The boys began their soldierly training at the age of seven years, and joined the army at twenty. At the latter age a Spartan was required to join one of the military messes, dvSpeta or ^tStrta, which dined together daily in tents along the main street. Each mess con- sisted of about fifteen members, who filled up vacancies in their number by election. Each member contributed a monthly portion to the mess, and was required to attend it every day ; indeed, the possession of political rights was made conditional on the observance of these duties (cf v7ro/icioi/€s). Wealth, fine clothes, and other distinctions of rank were discouraged (though not effectually),! and Spartans called themselves o/jlolol, * peers ' or equals. 81. Service in the Field.— Spartans were called upon for active duty as hoplites from the age of twenty to sixty. The army was in the fifth century divided into twelve Ao'xot, commanded by XoxayoL Each Ao'xos consisted of five hundred men (nominally), and was divided into four TrevTrjKoaTves and sixteen ivio/jLOTiaL. At this time the TroXifiapxoi seem to have been aides-de- camp to the king. But after the Peloponnesian war the number of the Spartans was so reduced that the army was reorganised, and was now divided into six fMopat, each under a TroXefiapxos. The size of the fxSpa varied very much, but it always contained a large proportion of 1 The Spartan use of bars of iron for money was incompatible with any sort of foreign commerce. It was not formally aban- doned till about B.C. 320, but long before that time silver had begun to circulate among the perioeci. The kings and ephors, moreover, had long since begun to acquire property outside Sparta, and to assume habits of forbidden luxury. i COLONIES, CLERUCHIES, PROXENI. 139 perioeci. It was subdivided into TrevT/^Koo-rucs, as before. The body-guard of the king, though called tTTTrct?, seems to have served on foot, but there was, after B.C. 424, a corps of cavalry of four hundred men, afterwards in- creased to six hundred, and divided into six piopai. It would seem that there was always a TroXefiapxo^ in com- mand of the cavalry. 82. Spartan Navy. — The Spartans had a small contingent (ten ships) at Salamis in B.C. 480, but never took kindly to the sea. Their ships were manned almost entirely by perioeci and helots. The fleet was com- manded by a vai)apxoSf appointed at first by the king, afterwards by the ephors. The ephors did not accom- pany the fleet, but sent a (rvp.l3ov\o^ or several o-v/jl- fSovKoi to hamper the admiral, who was always regarded with great jealousy. He was chosen only for a year, and was not allowed to hold office twice. The latter rule was suspended in favour of Lysauder. XX. COLONIES, PROXENI, AMPHICTYONS. 83. Foundation of a Colony. — Pressure of foreign foes, over-population, intestine feuds, commer- cial enterprise, and other causes, continually in opera- tion, induced the Greeks from very early times to send out colonies to distant countries. Except Magnesia on Mount Sipylus, all such colonies, as Cicero remarked, were founded on the coast. The colonists were collected in various ways. Sometimes a whole faction emigrated, sometimes the state issued a proclamation asking for emigrants, sometimes it chose by lot one son from each 140 GREECE. family and compelled him to emigrate, sometimes (as in the case of Thurii, B.C. 443) several states combined their emigrants. The first step was to ask the advice of the Delphic oracle on the site of the proposed colony. The next was to choose an olKLo-ry'is, who had full powers to settle the size and constitution of the colony. He, on arrival at the proposed place, appointed y€(ov6fxoi, who divided the soil, giving a part to the gods, and distri- buting the rest equally among the emigrants. The o6/cio-T»;5 settled the laws and customs of the new city, and when he died received honours as a hero. 84. Relation of a Colony to the Mother Country.— The colonists took with them fire from the central hearth, Trpvravelov, of tlieir native city, and maintained the worship of its chief gods. (Very often, however, they paid special honour to Apollo, the dpxyjy^Trjs with whose sanction they had emigrated, and adopted some of the gods of their new country.) The political constitution of a colony was also in the main copied from that of the mother city. Hence a natural pietas, or family affection, was maintained between the two. The colonists sent representatives and ofi-erings to the festivals of the mother city, and chose from her the otKicrWis of any further colony which they themselves might send forth. They helped her in her troubles and expected help in return, and endeavoured to settle quarrels with her without any open rupture. The angry relations of Corcyra and Corinth were very unusual, and repulsive to Greek feeling. 85. The Athenian Cleruchies (kXtjpovxUl) dif- fered from colonies in this, that the emigrants remained Athenian citizens and were not quite independent. They were sent forth, in the sixth and fifth centuries, I ^ifiifiin COLONIES, CLERUCHIES, PROXENI. 141 to the islands of the Aegean and the coast of the Thracian Chersonese, sometimes in order to occupy a conquered country, sometimes to keep a check on grumbling members of the Athenian Leag-ue, sometimes to relieve the poor of Athens and thereby to increase the supply of hoplites. The land was either obtained by con- quest or by a mode of purchase, the tribute of an island being reduced on condition that it admitted a cleruchy of a certain size. The land selected was divided, one part being dedicated to the gods, another reserved for Athens and let out on leases, and the remainder dis- tributed free among the colonists. These, as was said, remained citizens of Athens, and were liable to taxes and military service, and were enrolled in denies as if they lived in Attica. They also sent representatives to the great Dionysia and Panathenaea. They did not, however, record their votes in Athenian affairs, but had an ecdesia of their own and other institutions of the Athenian pattern. Their freedom was nevertheless limited. Some judicial matters were reserved for Athenian courts, and, at least in the fourth century, they were supervised by an Athenian iTnfiekyjTrjs with very large powers. 85*. Proxenoi were persons corresponding to our consuls, appointed in a foreign state by a state which had frequent political or commercial transactions with it. The duty of the rrpo^evos was to give all necessary assis- tance to ambassadors, merchants, and other travellers from the state whose " friend " he was. In return for these services, he was called ivepyen^s, and received vari- ous privileges. In Athens he was admitted to the boide and ecdesia, had a front seat at spectacles, and was allowed to hold land. The office was usually hereditary, but was renounced temporarily when the states were at war. ?^: f« 142 GREECE. 85t. Amphictyonies.— Memories of prehistoric con- federacies survived in the religious festivals celebrated in common by certain states who called themselves a/>t(/)tAc- Ttov€s (later d/xcfuKTvoves) or * neighbours.' There was, for instance, at Calauria, near Troezen, an amphictyonic festival confined mainly to the seaports of the Saronic gulf; there was another such at Onchestus in Boeotia, and another at Delos. But the greatest and most famous of the amphictyonies was that which met at Thermopylae and Delphi. The tribes here represented were twelve, viz., Thessalians, Perrhaebians, Magnesians, Achaeans of Phthia, Dolopians, Malians, Oetaeans (or Aenianians), Locrians, Phocians (superseded by Philip in B.C. 345), Boeotians, Dorians, and lonians. The amphictyony met in autumn and spring of each year both at Thermopylae (Demeter's temple at Anthela) and at Delphi (Apollo's temple), but the assembly was called TTvAata, and the connexion with Delphi does not appear till B.C. 590 (Sacred War). After this date the chief business of the assembly was the management of the Delphic temple and oracle and of the Pythian games. Each tribe had two votes, exercised by two Upofivy- fiov€s, but the Dorian votes were divided between the Dorians of Doris and those of Peloponnesus, and the Ionian votes between the Athenians and Euboeans. Besides the Upofivijfioves elected for the year, each tribe sent also TrvAayo/aat (Athens sent three), who were elected apparently for each assembly. The tribes bound themselves by oath not to destroy one another's cities or to cut off one another's water, but nevertheless the assembly hardly attempted political interference till the middle of the fourth century. / v/ - / ATTICA Stadium 25 50 ICO ;^^^.^Aegina _ ■ Stoa 1. T.Dianae Brauroniae 2. T.Mineruae Erganes 3. Minerva Promachot Stoa Poecile q StoabaaUeoa . □r.»Po///ms />afro/ 3. Minerva P ■mM&'^^mx, Agora ^ Stoa hois Eleutherii ^- Quadnga t<* cV.iM otef AGORA "^-^'WMi ACROPOLIS ^^^^$^»g-^^ 'h'iiatrurn ,,S*j»k,.i>"<>^''*' Porta .ThVrdkid''^' Hepta- <-•* vvviw'.r 2^^ ^ 'V; ^P^a-flumentanaf^y^^^ ' \\ To face page 143.] ROMAN CHRONOLOGY. U3 C. ROME. XXI. ROMAN CHRONOLOGY. . 86. The Day.— The Roman day began at midnight and was ordinarily divided only into * forenoon' and 'afternoon'— rt/i^6 meridiem and post meridiem. Down to the middle of the third century B.C., the time of mid- day was announced to the consuls by a servant {accensus) who watched till the sun reached a particular opening in the south side of the forum. Bat sun-dials {solaria) had been introduced before this time (about B.C. 290), and water clocks (cleps2jdrae) were soon afterwards brought from Greece, and came into general use. After the introduction of these instruments, the daylight and the darkness were divided into twelve hours each, the hours varying in length at different periods of the year. Noon, of course, was always the end of the sixth and beginning of the seventh hoar. 87. The Month. — The Latin mens ; as its name de- clares, was originally a lunar month, i d must have con- tained twenty-nine and thirty days alternately. The fall moon therefore fell on the fourteenth and fifteenth days alternately, but as the Romans had a superstition against even numbers, the fall moon was considered to fall on the thirteenth and fifteenth days alternately. One or the other of these days in each month was always called Lkfs (cf. dividere). The eighth (or in Roman reckoning the ninth) day before the full moon was the day of the first quarter, and was specially called Nonae} The first day ^ These statements are from Dr. linger 's article "Zeitrechnung " in Iwan-MuUer's Encyclopcidie der Altertwmwismiischaft. ^1 144 ROMJL of the month was called Kalendae. These particular designations of certain days were retained after the Roman months had ceased to be connected with the moon, and were always used as the basis of Roman daily reckoning. The rhyme is well known : — "In March, July, October, May, The Nones were on the seventh day." In these months therefore the Ides were on the 15th. In all other months the Ides were on the 13th, the Nones on the 5th. The Romans counted their days backwards from the Nones, Ides, and Kalends, including in the calculation the day from u'hich and the day to which the reckoning was made. Hence, in March, for instance, March 1st was Kalendae Martiae, 2nd „ ante diem sextum Nonas Martias, a. d. y. Non. Mart., pridie Non. Mart., Nonae Martiae, a. d. VIII. Idus Mart, Idus Martiae, a. d. XVII. Kalendas Apriles, pridie Kal. Apr. The names of the months were those which we still use except that July was called Quintilis, until B.C. 44, when it was re-named in honour of Julius Caesar, and August was called SextiUs till B.C. 8, when it was re-named in honour of Augustus. 88. The Year. — It was alleged by M. Fulvius Nobilior, who was consul B.C. 189, that the Roman year originally contained ten months (from March to December) and 304 days, but that Numa added January and February, and increased the number of days to 355. This state- 3rd 6th 7th 8th 15th 16 th 31st >> >> ?) >) j» )j )j ROMAN CHRONOLOGY. 145 ment is wholly incredible, but it is the fact that during the republic the normal year contained 355 days only. These 355 days were divided between the twelve months in such manner that March, May, July, and October had 31 days each; February had 28, and the rest 29 days each. Such a year was more than 11 days too short, and therefore every two years an addi- tional or 'intercalary' month of 22 or 23 days alter- nately was introduced. The years thus followed one another in a series of 355, 377, 355, 378 days continually repeated. The intercalary days were inserted after February 23rd (Terminalia), and the remaining 5 days of February were considered to belong to the mensis intercalarius, which thus contained 27 and 28 days alter- nately. Hence in an intercalarj^ year new dates were introduced, e.g. .- — Feb. 14th, a. d. XI. Kal. intercalares, Feb. 23rd, pridie Kal. intercal., (Feb. 24th), Kal. interc, (Feb. 28th), Non. interc, and so on to the Kalends of March. It is obvious that, whereas the proper length of the year is 365-J days very nearly, the four years of 355, 377, 355, 378 days contain 1465 days, or an average year of 36 6 J days — one day too long. Hence the years were grouped into series of 24, in the first 16 of which the intercalations were conducted as above described, while in the last 8 only 6Q days were inserted instead of 90. Thus the Roman calendar ran : — Years. Days. 1—16, . . 355, 377, 355, 378 (4 times over). 17—20, . . . 355, 377, 355, 377. 21—24, . . 355, 377, 355, 355. K 146 ROME. ROMAN CHRONOLOGY. 147 L \ The care of the calendar was entrusted to the ponti- fices, who announced on the Nones of February whether the year was intercalary or not, and how many days were to be inserted. A private person away from Eome could not know how to describe the later days of February. ^ (See for instance Cic. ad Att. VI. i. 1.) The Julian Calendar, which we now use,^ was intro- duced by Julius Caesar in the year 45 B.C. During the previous eight years intercalations had (perhaps pur- posely) been omitted, and the republican calendar was thrown into confusion. Caesar introduced (in B.C. 46) two intercalary months, containing 67 days, between November and December, and began the new system with the new year. A mistake was at first made by the pontificesy who supposed that the direction to count a leap year * quarto quoqiie anno ' meant that there was to be one leap year in three, but the error was remedied by Augustus, and since a.d. 4 the Julian Calendar, with one small alteration, has been maintained throughout Europe.^ ^For us, the difficulty of ascertaining to what date in our calendar a given Roman date (during the republic) corresponds is complicated by the further difficulty of ascertaining when the pontifical cycle of twenty-four years was first introduced, and again by certain gross irregularities at various periods. 2 According to the Julian calendar, one year in four is a leap- year or 'bissextile.' In this year the 24th of February, VI. Kal. Mart., was counted twice, the intercalary day being called bis VI. Kal. Mart. 3 The Julian year of 365| days is 11 min. 12 sec. too long. The error amounted in 1582 to 10 days. Pope Gregory XIII. then ordered that the 5th October of that year should be called the 15th, and that thenceforth three leap-years should be omitted every 400 years. The first year of each century, if it is not divisible by 400, is not a leap-year. In England the Gregorian The Roman year originallj'" began with March, but after B.C. 153 the consuls entered upon their office in January, and as the years were designated by the names of the consuls, the habit soon became general of consider- ing January as the first month. ^ 89. The Era. — A particular year was usually de- scribed by the names of the consuls of the year, but might also be determined by its distance from a given event, e.g. post exados reges. Late Roman writers reckon from the foundation of the city. Various dates were assigned to this event, but Yarro's computation ultimately prevailed. The foundation of Rome, as calculated by Yarro, must have taken place in B.C. 753. Hence a date stated as annus urhis conditae (A.U.C.) is to be subtracted from 754, if before Christ— (if after Christ, 753 is to be sub- tracted from it) — to bring it into accordance with our eraV The Christian era commences from the birth of Christ, as calculated by Dionysius Exiguus, who lived at Rome in the first half of the sixth century. He calculated it wrongly, for the birth of Christ really happened in the year known as B.C. 4. 90. Holy Days. — The Roman calendar, as above stated, was in the custody of the pontifices^ who an- nounced on the kalends of each month the various events which fell due on that month. Days were in the main distinguished as fasti or profesti and nefasti. These are roughly described by the well-known lines of Ovid : — ** lUe nefastus erit per quern tria verba silentur, Fastus erit per quern lege licebit agi " — calendar was not adopted till 1752, when 11 days were dropped. Russia, which still keeps the Julian calendar, is now 12 days behind. ^ The priestly year continued to begin on March 1st. 148 ROME. i.e., dies nefasti were those on which the praetor ^ was not allowed to pronounce (fari) the three words of judgment — do J dico, addico. (See infra, § 191, a.) Dies fasti or profesti were days which were not nefasti, but they were divided into various other classes. Some were comitiales, on which alone comitia might be held ; some were intercisi or 'broken' by a nefast interval; some were fissi, half nefast and half profest. Some days were not only nefast but religiosi, atri, vitiosi, such as those devoted to the worship of the dead (Feralia, Lemuralia), the anniversaries of great disasters, such as the Alliensis Clades (July 18th), and the last day of each month. The market-days (mindinae), which occurred ever}' eight days, were the subjects of various superstitions. Of dies festi or Ferkie, i.e., actual festivals, some were fixed (statae) on regularly recurring dates, others indidivae or subject to announcement, though they occurred every year. The Feriae Latinae were of the latter kind. There were always forty-five days every year of Feriae Statae. The following are the days of the festivals most fre- quently mentioned : — February loth, . . Lupercalia. >i >» 17th, 23rd, April 21st, December 17th, Quirinalia. Terminal ia. Parilia. Saturnalia. ^ Juries sat even on dies nefasti, and the praetor could exercise other functions except that of giving judgment. The etymology is probably incorrect. It seems more likely that dies fasti were days on which the gods spoke ; dies nefasti, days on which they could not be consulted. wp:ights and measures. 149 The chief exhibitions of games in the circus were : — April 4th-10th, Megalensia (Curule ^diles'). July 6th-l 3th, Ludi Apollinares (Urb. Praetor's). September 4th-19th, Ludi Romani (Consuls'). November 4th-18th, Ludi Plebeii (Pleb. ^diles'). (The aediles, in fact, and under the Empire the praetors, had charge of all games.) XXIL WEIGHTS AND MEASURES. 91. The Unit.— Most of the Roman weights and measures were divided by fractions which were originally parts of the as or pound weight. It is therefore neces- sary to begin by stating these : — As. Unciae. As, . . 1 12 Deunx, . 1 1 11 Dextan-i, . 5 10 Dodrans, . . % 9 Bes, . . 3 3 8 Septunx, . 7 ^ i Semis, . . . \ 6 Quincunx, . 5 1^ 5 Triens, . . 1 s 4 As. Unciae. Quadrans, . i 3 Sextans, . i 2 Uncia, 1 1 Sencuncia, i Ih Semuncia, 1 71 1 T Sidlicus, . h 1 '4 Sextida, . . 1 1 Scripulum, . it6& ^V 92. Weights. — The Roman imcia was nearly identical with the English ounce avoirdupois, and the as or libra was about jths (more exactly 0*72) of an English pound. 93. Money. — The earliest Roman money consisted of ingots of copper (aes), supposed to weigh a pound (as libralis), but not guaranteed to do so. It was therefore always weighed on delivery (cf. aes grave). Asa matter of fact, the coined as weighed 10 ounces, instead of 12. us ROME. WEIGHTS AND MEASURES. 149 •;■- i.e., dies nefasti were those on which the praetor ^ was not allowed to pronounce (fari) the three words of judgment — dOf dico, addico. (See infra, § 191, a.) Dies fasti orprofesti were days which were not nefasti, but they were divided into various other classes. Some were comiiiales, on which alone comitia might be held ; some were intercisi or * broken' by a nefast interval; some were fissi, half nefast and half profest. Some days were not only nefast but religiosi, atri, mtiosi, such as those devoted to the worship of the dead (Feralia, Lemuralia), the anniversaries of great disasters, such as the Alliensis Clades (July 18th), and the last day of each month. The market-days (nundinae), which occurred everj- eight days, were the subjects of various superstitions. Of dies festi or Feriae, i.e., actual festivals, some were fixed (statae) on regularly recurring dates, others indidivae or subject to announcement, though they occurred every year. The Feriae Latinae were of the latter kind. There were always forty-five days every year of Feriae Statae. The following are the days of the festivals most fre- quently mentioned : — February 15th, . . Lupercalia. 9} »> 17th, 23rd, April 21st, December 17th, Quirinalia. Terminalia. Parilia. Saturnalia. ^ Juries sat even on dies nefasti^ and the praetor could exercise other functions except that of giving judgment. The etymology is probably incorrect. It seems more likely that dies fasti were days on which the gods spoke ; dies nefasti, days on which they could not be consulted. The chief exhibitions of games in the circus were : — April 4th-10th, Megalensia (Curule ^diles'). July 6th-l 3th, Ludi Apollinares (Urb. Praetor's). September 4th-19th, Ludi Romani (Consuls'). November 4th-18th, Ludi Plebeii (Pleb. ^diles'). (The aediles, in fact, and under the Empire the praetors, had charge of all games.) XXIL WEIGHTS AND MEASURES. 91. The Unit .—Most of the Roman weights and measures were divided by fractions which were originally parts of the as or pound weight. It is therefore neces- sary to begin by stating these :— As, Deunx, Dextaois, Dodraiis, Bes, . Septunx, Semis, . Quincunx, Triens, . As. 1 1 1 i^ 5 s commercii^ but patricians had conubium only with patricians, and plebeians only with plebeians : that is to say, the offspring of a mixed marriage was plebeian only. The assembly of the curiae was called comitia curiata, and there seems reason to doubt whether plebeians at first voted in this as well as patricians. 115. The King. — The community was governed by a king, who chose a senate of 100, later ^00 patres (10 from each curia) to assist him with their advice. The king was neither hereditary nor elected. He was appointed by the gods, whose choice, however, was limited to a very few persons. On the death of a kin^ an interrex was chosen by casting lots among the patres.^ * The elder Tarquin is said to have introduced some new clans, gentes mimres, selected from the patrician gentes of Latin communities annexed by Rome. ^ That is to say, citizens only could recover at law property of which they were deprived. A non-citizen might have possessions, but the king would not help him if they were stolen. 3 Probably the senate only, not all the patres/amilicm. The interrex then "took the auspices," i.e., watched the flight of birds within a limited tract of sky (templum). According to the rules of such divination, he inferred that the gods favoured a certain candidate.^ He then called together the comitia curiata and announced {re- nuntiavit) the name of the chosen candidate. The latter was then elected (creatus) king by the comitia and con- firmed by the senate. The new king then again took auspices to receive the approval of the gods. If he ob- tained it, he once more called the assembly and was finally invested with power over life and death by a lex curiata de imperio. When the king was selected, the functions of the interrex ceased, and thenceforth the king alone had the right of consulting the gods by taking auspices. The king, subject to the steady and potent influence of the senate, was the judge, general, and priest of the people. As judge, he was assisted by quaestores parricidii in cases of homicide and by duoviri perduellionis in cases of treason. As general, he was assisted by a tribunus celerum, com- mander of the cavalry, and, when he was absent from the city, by a praefectus urbi. As priest, he was assisted by augurs or * interpreters of the birds,' fetiales or heralds, and pontijices, who among other duties certainly acted as " remembrancers " of the calendar and the law.^ ^ Cf. the story of the ((uarrel between Romulus and Remus. The interrex and the king had the right of watching {spectio) : the signs observed were interpreted by the augurs. ' The nsimes fetiale.'i and pontijices are of very obscure origin. The fetialeti were the messengers of peace and war, and the ancients connected their name with foedtus, a treaty. Pontijices ought to mean * bridge-makers,' or ' road-makers,' whose functions would certainly have involved the appeasing of those deities on whose y Parliament, it would become ' statute law.' alike, into four tribes, each occupying a limited territory consisting of urban lici and rustic j'xtr/i.^ In each tribe the people were assessed periodically {censi) according to the value of their property.- Five classes were thus constituted. The first consisted of those whose property was valued at 100,000 asses or more (according to Livy) and the richest of these served as cavalry {eqidtes). The remainder of this class and all the other classes served as infantry variously equipped. Each class was roco7iS?(/e, propraetore, proquaestore (indecl.), but proconsid is found occasionally, and the expression a proprnetoribus in Cic. Biv. ii. 36. 76 implies the possibility of propraetor. MAGISTRATES. 183 time, there were three modes of creating promagistrates, VIZ. (1) By prorogatio of a magistrate's powers. (2) By giving to a retiring magistrate the powers of a superior magistracy.^ (3) By giving imperium to a private citizen not holding any magistracy at all.^ Under Sulla's constitution, B.C. 82, the two consuls and eight praetors, after a year of office in Rome, became, almost as a matter of course,^ proconsuls and pro- praetors in the provinces for a second year. This rule, however, was disregarded by plebiscita in favour of Pompey and Caesar, and was, B.C. 52, entirely abrogated by a law introduced by Pompey. After that time the pro- magistrates were once more chosen at random by the senate until the empire restored order. The duties of a promagistrate in the provinces were far larger than those of the corresponding magistrate in Rome. He was really what the magistrate was only in theory. He actually did command the army, administer justice, and collect taxes. 129. Petty Magistrates. — Besides the important magistrates as yet mentioned, there were numerous minor functionaries (Vigintisexviri) elected by the people for various purposes, viz., the Decemviri silitibui judicandis, plebeian lawyers who gave legal advice to the tribunes ; Fraefecti Capuam Cumas, four judges, who represented ^ B.g.y B.C. 215, M. Marcellus, who had been praetor, was made proconsul. 2 Kg.y B.C. 211, P. Scipio was made proconsul in Spain at the age of 26, and in B.C. 76 Pompey was made proconsul at the age of 31. 3 The senate was not bound to decree the prorogatio, but seldom refused. 184 THE REPUBLIC OF ROME. the praetor in Campania ; Tresviri cupitaleSj who looked after the prisons ; Tresviri monetaleSy or aere arg. aur.flandn feriundo, AAAFF, ; Qvutuorviri viis in urbe purgandis, Duoviri viis extra urbem purgandis. All these were elected by the comitia tributa. (P) Magistracy in general. 130. Powers and Insignia.— The ordinary magis- trates, above described, were elected for a year^ and served without pay and were not liable to be dismissed during their year of office. The consuls and praetors alone had imperium. They, therefore, alone had fasces. These were bundles of rods borne before the magistrate by lidors. The consul had twelve lictors ; the praetor two in Rome, six outside the city. The rods were the symbol of the power to flog. Originally an axe was bound up with them, as a symbol of the power to slay, but this was not used in the city after B.C. 509 (Lex Valeria de provocatione^ supra, p. 156). All magistrates had potestas, or authority sufficient for the discharge of their duties. This varied in scope with the different magistracies, but invariably included the jus edicendi, or power to make rules and bye-laws, regulating the procedure of the office, power to punish {coercitiOj jus multae dictionis) for breach of these rules, and the right at least to consult the people in comitia. ^ ^ Except censors, who served eighteen months. The dictator served six months. 2 Consuls and praetors could take the votes of Hhq" comitia centuriata {cum populo agere) : tribunes and aediles could take the votes of com. tributa {cum plebe agere). All these magistrates also could summon the senate, but quaestors could not. The quaestors and inferior magistrates could only hold a meeting {contio) infor- mally to make speeches. MAGISTRATES. 185 The consuls, praetors, censors, and curule aediles wore a toga praetexta, bordered with a band of purple, on ordinary days, and a purple toga at public festivities. They also sat in a curule chair. The other magistrates had no insignia, — the quaestors because they were originally delegates of the consul, the tribunes and plebeian aediles because they were not properly magistrates but officers of the plebs. 131. Conflicts between Magistrates.— Magis- trates were originally elected in ** colleges " of more than one member, each having par potestas, with the express design that they should, upon occasion, oppose one another. To do so frequently would of course have produced a deadlock, and magistrates therefore usually cast lots among themselves, or left it to the senate, to determine their several spheres of action {provindae). Still each magistrate retained the right of putting a veto on his colleague, and a superior magistrate, by his Timjor potestas, could veto the acts of an inferior magis- trate. For this purpose, the dictator was superior to everybody ; the tribunes ^ were superior to everybody but the dictator j a consul was superior to a censor or praetor, but the lower stages are uncertain. The modes of exercising the veto were various. By intercessio, a magistrate caused what had been done to be undone as far as possible; e.g., by this step the tribunes could release a citizen from custody. By prohibitio, a magistrate prevented an inferior from doing what he intended. Even an inferior magistrate ^ The tribimes existed only for the purpose of exercising a veto on other magistrates- They sometimes opposed one another, cf. Livy ii. 43, 3, and 44, 3, 4, but more often they consulted and took joint action {pro collegio, Livy iv. 26, 9). 186 THE REPUBLIC OF ROME. could prevent a superior at least from holding comitia, by obnuntiaiio, i.e., by announcing unfavourable omens, or by spedio, i.e. by announcing that he intended to watch the heavens (servare de caelo). This last process became very common in the last years of the republic, and was employed in the most impudent manner. 132. Candidature.— A Roman was enrolled by the censors in his proper century at the next census after he had attained the age of 17. From this time forth he was an elector, but he w^as not eligible for office (except by special law in his favour) until he had served 10 years in the army. The order in which the magistracies might be held was fixed by the Lex Villia Annalis B.C. 180. A citizen was required to follow the cursus Jionoriun of at least quaestor, praetor, and consul. Two clear years were required to elapse between his holding one office and the next. He might therefore be quaestor at 28 years of age, aedile at 31, praetor at 34, consul at 37.^ In Sulla's time the order was evidently disturbed, for he restored it, but he altered the ages of candidature, and forbade any man to be quaestor under the age of 30, or praetor under the age of 40. Hence 43 was the earliest age for obtaining the consulship. In B.C. 342 two plebiscita enacted (1) m quis eundem magistratum intra decern annos caper et (2) neu duos magis- tratus uno anno gereret. The first rule was often disre- garded, especially in times of pressure, but in B.C. 265 it was forbidden to hold the censorship twice, and the same 1 The aedileship might be omitted, but as it involved the charge of public games, it often gave a man great popularity, and a better chance of getting the praetorship. He might in fact be praetor at 31 and consul at 34. MAGISTRATES. 187 prohibition was extended, about B.C. 151, to the consul- ship, until Sulla restored the old practice. The second rule did not apply to the censorship or to extraordinary magistracies, so that a man might be consul and censor, or consul and dictator, in the same year. For the purposes of the cursus lionarum, the tribunate and aedileship did not count, and a man might pass from them immediately to another magistracy; but Sulla enacted that any man who had held the tribunate should be ipso facto disqualified for any other magistracy. Physical deformity (as being of ill omen) and various moral delinquencies, named in statutes, disqualified a citizen for holding any magistracy. 133. Election. — A candidate^ announced his inten- tion of standing for a magistracy by a professio made in the forum, usually on the day on which notice of the election was given. This was three nundinae (17 days at least) before the actual election. The candidate spent the interval in canvassing {ambitus). The senate fixed the dates of the elections. The}'^ were usually held about six months before the magis- tracies became vacant, and followed the order of super- iority, those for the consulship coming first, for the praetorship next, and so on. Consuls, praetors, and censors were elected by the comitia centuriata, presided over by a consul (or occa- sionally a dictator or interrex). Curule aediles, quaestors, and petty magistrates were elected by the comitia tributa, presided over by a consul or the praetor urbanus. •^So called because, during his candidature, he wore a toga whitened with pipe-clay (cf. Munro in Mayor's Juv. x. 66). 188 THE REPUBLIC OF ROME. Tribunes and plebeian aediles were elected by the comitia tributa, presided over by a tribune. The presiding magistrate received the names of can- didates, and proposed them to the comitia, but he might, with perfect impunity, decline to nominate any candidate. The presiding magistrate also announced (renuniiavit) the names of the elected candidates, and here again he might, with impunity, refuse to announce the name of an elected candidate, and might thus annul the election, for the renuntiatio was an essential part of it.^ Candidates, duly elected and renuntiati, passed the remainder of the year in preparing for office, drawing up their edicts, etc. They entered on their office (after B.C. 153) on the following 1st January, and within five days took the oath of allegiance (jurabant in leges) before the quaestors. The consuls and praetors received their imperium by a lex curiata about the following 1st March. At the end of the year the magistrates laid down their offices by an dbdicatio, which consisted of an address to the people and an oath that they had not transgressed the laws. No magistrate could be dismissed during his year of office. 1 34. Responsibility of Magistrates.— Although, constitutionally, a magistrate in office was liable to pro- secution for misbehaviour, still the numerous checks exercised by magistrates on one another produced the practical result that magistrates in office were not amen- able to the courts. This is the basis of the rules against re-elections. An ex-magistrate, however, was onl}^ a ^The renuntiatio was required for the due transmission of auspicia, for each magistrate was (theoretically) as much entitled to nominate his successor, as to nominate his deputies and assistants. MAGISTRATES. 189 private citizen, and could be prosecuted under various statutes, of which those de repetundisy for the recovery of money illegally extorted, are the most celebrated. (y) Keligious Functionaries. 135. Priestly Colleges.— Apart from the rites and worship peculiar to each family, gens, curia, and tribe, the Romans recognised a vast number of gods and god- desses whose worship was the concern of the whole state. The necessary ceremonies were, in many cases, placed in the charge of sodalicia or clubs (the Lupercij the Fratres Arvales and the Salii are the most famous) which elected their own members. But the worship of all deities not otherwise provided for was superintended by the pojitifices. The College of Fontifices is said to have been founded by Numa, and was, in regal times, presided over by the king himself^ But when kings were abolished, their religious functions were divided between two officers, the Fonti/ex Maximus and the Bex Sacrorum or Sacrificulvs. The latter, though he was sometimes treated as the chief priest, in reality only ofi'ered some of the sacrifices which the king formerly offered, especially those of the first day of the month. The general supervision of the state reli- gion belonged to the Pontifex Maximus. The Pontifex Maximus lived in the Regia, the ancient palace. He appointed the Rex Sacrorum and fifteen other flamineSy^ in the ancient manner, by appeal to the ^ As afterwards by the emperor. 2 A flamen was a priest assigned to the service of a particular deity. The name flamen perhaps means ' blower of the fire. ' The ancients derived it from filum, the fillet worn round the head. The three chief flamens were the Dialis (of Jupiter), Martialis, and Quirinalis. The wife of the Dialis [flaminica] had some religious duties, like the wife of the Athenian basileus {ftupra, p. 113). 190 THE REPUBLIC OF ROME. SUMMARY. 191 auspices. He also chose and guarded the Vestal virgins. He superintended religious marriages (confarreatio) and other important family ceremonies in which the state was interested. He and his colleagues^ also kept the calendar, and announced, on the first of every month, the festivals then falling due. He held his office for life. There were at first nine pontifices, after Sulla's time fifteen, after Caesar's (B.C. 46) sixteen. At first also they chose their own colleagues and their own Pontifex Maxi- mus without restraint ; but, after the lex Ogulnia (B.C. 300) had opened the college to plebeians, the people 2 gradually obtained the right of nominating the pontiffs to be elected by their colleagues, just as the Queen sends to the chapter of a cathedral " leave to elect " (conge d'dlire) a certain person as their bishop. The College of Augurs (also fifteen after Sulla's time and sixteen after Caesar's) were hereditary guardians of the rules concerning auspices. ^ 1 The other pontifices also acted as priests whenever there was no other priest specially appointed, or the special priest was unable to act. 2 Not the whole people, but a limited sacerdotal comitia, consist- ing of the first seventeen tribes, chosen by lot from the thirty- five, at a comitia tributa. 3 The frequent allusions already made show the importance of auspicia in Roman politics. They must not be confused with omens, such as thunderstorms, voluntarily offered [oblativa) by the gods. They were answers, Yes or No, to questions asked of the gods in due form, by duly appointed persons. A person entitled to question the gods was said habere auspicia, and it was a standing diflBculty, in the conflict between the plebs and the patricians, that the patricians alone had auspicia. It was arranged, however, that, while the patricians retained their privata auspicia^ all magistrates should have publica auspicia. The Fetiales preserved the tradition of the rites neces- sary on making war or peace. The Quindecimviri Sacris Faciundis, originally ap- pointed by Tarquin to guard the Sibylline books, were entrusted with the worship of foreign deities, such as Cybele, Isis, etc. 135*. Summary of the Eoman Republican Economy ABOUT B.C. 70. I. Citizenship.— All free inhabitants of Italy were now citizens of Rome. Citizens were divided into 35 tribes ; each tribe into 5 classes ; each class into 2 centuries. A citizen was assigned to his tribe, class, and century by the censors, whose books were the evidence of his citizen- ship. A citizen might vote (at Rome only) with his tribe at the comitia tributa in the Forum, and with his century at the comitia centuriata in the Campus Martins. A citizen was liable (theoretically) for military service between the ages of 17 and 60, but he was no longer called on. He paid also no direct taxes, because the state- domains and the tribute from the provinces sufficed for all current expenses. For these latter, the proper templum, or scene, was the augur- aculum on the Capitol ; but, for convenience, other places, e.g., the rostra in the forum and the Hortus Scipionis in the Campus Martins, were * inaugurated,' but only by direct permission of auspices taken on the Capitol. Similarly, generals, beforegoingon a campaign, took auspices on the Capitol and 'carried their auspices ' with them. If they lost them, they had to return to Rome and get new ones {repetere auspicia). The inconvenience of this rule led to the invention of auspicia ex tripudiis, from watching the sacred chickens which the general took with him. Favourable auspices were an essential preliminary to the meeting of as- semblies, the investiture of magistrates and military engage- ments. Cf. supra, §§ 115, 119, 133 nn. 192 THE REPUBLIC OF ROME. II. Officials:— (a) Abroad — Proconsuls and propraetor's with their military quaestors. (b) At home — (1) For Supervision, the two consuls. (2) For Justice, the eight p-aetors. (3) For Finance, the two censors and two urhan quaestors. (4) Fai' Police, the four aediles. (5) For Beligion, the pontijices, the rex sacrorum, the flamines appointed by the Pont. Maximus, the colleges oi Augurs, etc., and various clubs, sodalicia, in charge of various cults. III. Deliberative Assemblies : — (a) The senate, of about 600 members taking ex- clusive cognisance of foreign affairs, finance, and religion. (6) The comitia centuriata, electing the consuls, praetors and censors. (c) The comitia trihuta, electing the tribunes, aediles, quaestors, and petty magistrates, and also passing ^/fJ^'scito. {N.B. — After the XII. Tables, plebiscita were the chief sources of law ; senatusconsulta had the force of laws, if they were accepted by the magistrate who asked for them, and not vetoed by a magistrate entitled to veto them ; edicts of magistrates were laws for a year only.) IV. Jurisdictions : — (a) Criminal — The qwxestiones perpetuae, presided over by six of the eight praetors ; also the magistrates for petty offences. (b) Civil — The praetor urbaiius in cases between citizens ; the praetor peregrinus in cases THE SENATE. 193 between citizens and foreigners ; the censors in cases affecting the treasury ; the aediles in cases arising in the markets. (A'.i/.— Questions of fact were usually sent by the praetors to a judex or to a small jury of recuperatares, or to the centumviri, who heard evidence and gave a verdict, but not judgment. Judices, in B.C. 70, were drawn from the senators, equites, and tribuni aerarii, but this was the result of a recent compromise. See infra, § 187.) (8) Deliberative Assejmblies. §§136-139. The Senate. 136. Constitutional Position of the Senate. — The senate of Kome remained, under the republic, what it had been under the kings, a standing council of experienced men, summoned from time to time to give their advice on difficult questions of practice, political, legal, and religious. Its recommendations could not be enforced, but we can easily understand that its advice was not lightly disregarded, or its good opinion forfeited, by magistrates who, for one year only and with little previous experience, were charged with the enor- mous burden of government. At every crisis in the history of Rome, it is the senate that comes to the front and strengthens and directs the trembling hands of the executive. Its authority, originally due to its per- manence, was reinforced by its successes, and we are right in ascribing, as we habitually do, the making and the holding of the Eoman dominion to a council which, theoretically, had no power at all. 137. Composition of the Senate.— The senators were addressed and spoken of by the name patres con- scripti. Eoman historians certainly thought this was N Ill 194 THE REPUBLIC OF ROME. THE SENATE. 195 a short form for patres et conscripti^ the conscripti being plebeians who were newly enrolled in the senate in B.C. 509. It is possible, however, that the senators were called patres conscripti to distinguish them from the patres who were not members. As senators were origin- ally nominated by the king, so they were afterwards nominated by the consuls, but they seem, in either case, to have held office for life usually. No restriction seems to have been imposed on the king or consuls in selecting names. The power of nominating senators was, how- ever, transferred to the censors in B.C. 351 by the lex Ovinia, and the censors were directed to nominate ex- magistrates first, and not to appoint private citizens un- less there were not enough ex-magistrates to fill the vacancies. Thus few persons could enter the senate unless they had previously received the favour of the people, and, by the same reform, it was secured that a large proportion of the senate should consist of plebeians. The censors revised the list of the senate every five years, and could (if they agreed) erase the names of members who had disgraced themselves. But the censors only held office for eighteen months, and, while they were not in office, magistrates were annually elected who had the right of sitting in the senate and of convoking it. The custom, therefore, arose of allow- ing these to sit and speak (sententiam dicere) in the senate • until the next census, when they were formally inscribed in the list. The reforms of Sulla confined the senate entirely to ex-magistrates and created, at the same time, enough magistrates to fill the vacancies. The censorial choice was thus practically abolished, and, when revived, was limited to erasing names (cf. p. 162). The office was absorbed by Julius Caesar, who created batches of senators at his own pleasure, as did the emperors. The number of senators was, until Sulla's time, nominally 300, but Sulla doubled it. Caesar had a senate of 900 members and the triumvirs of 1000, but the number was reduced to 600 under the empire. The members of the senate were classified according to the offices they had held, as consulares, praetorii, etc. Those who had held curule magistracies wore the mulleus (purple shoe) and a toga praetexta. The rest wore the tunica laticlavia (with broad purple stripes) and the calceus senatorius, and were called pedarii, because, it is said, they were only entitled to vote (pedihus ire), not to make speeches. One person was princeps senatus, leader of the senate, but not its president : ^ the president was the magistrate who called the meeting. 138. Procedure in Debate.— Any magistrate, except only the quaestors, might summon the senate and preside at its meeting. The summoner named the place of assembly, for the senate was not confined to a special hall for its meetings. 2 It was necessary only that the vote of the senate should be taken in a templum, ie., a temple or other place sanctioned by auspices.^ The senate met early in the morning (after auspices had been taken), and the president brought before the meet- 1 The princeps was originally the oldest senator who had filled the office of censor, but this rule was not maintained after the second Punic war. Possibly in early times thepHnceps spoke first in discussions. 2 It met generally in the Curia Hostilia, but in the temple of Jupiter Capitolinus on January 1st and whenever it intended to declare war. 3 Any place might become a templum, if there was an augur present to take the auspices and declare it inauguratum. Hill I 196 THE REPUBLIC OF ROME. ing {ad senatum rettuUt) the matter on which he wished to consult it. He might ask for an immediate vote or invite discussion {singidoi'um sententias exqtiirere). In the latter case he called upon the members entitled to speak (sententiam dicere) in order of precedence. A vote was taken by division (discessio), and (just as in the House of Commons) every member present when the question was put (except magistrates) was required to vote.^ The division was almost always taken on the day of the debate, but occasionally there were obstructives who * diem dicendo consumebant.' A decision of the senate, if formal and accepted, was called asenatus considhm ; but if informal or if vetoed by any magistrate having the right of veto,^ it was only a senatus aiictoritas. The journals of the senate, written out by its scribes and signed by a committee of senators, were handed over to the quaestors to be kept in the treasury (aerarium). After B.C. 59, by Caesar's orders the sittings were attended by short- hand writers (notarii), who published accounts of them. -^ 139. Powers of the Senate.— It is to be repeated that the senate was from the first, and remained always, only the constituted source of experienced counsel. It ^ There seem to have been no standing orders as to a quorum. In a few specified cases the senate could not vote unless a certain number of members were present, but usually the meeting decided on the spot, whether it was large enough to vote. Members were certainly expected to be regular in attendance, but Cicero calls an assembly of 415 members afrequens senatus. 2 A decision of the senate was an instruction to the magistrate who had called the meeting. Any magistrate who could veto him, could also veto the senatusconsultum. 3 These acta senatus were not the same as the official gazette, acta ]yojyuU or acta dinma, also instituted by Ceasar. THE SENATE. 197 had no defined powers, but its authority was in many matters unquestioned, and was practically equivalent to power. It thus exercised a most important control over legislation, elections, religious rites, finance, the manage- ment of the provinces, and foreign affairs generally. These departments may be taken in order. (a) Legislation, At first, while a constitutional method of making laws was undefined, and the existing laws were little known, votes of the comitia centuriata neces- sarily came before the senate for revisal and ratification. Until B.C. 339 propositions after they had passed the comitia were submitted to the patres for audoritas, but in that year the Lex PuhUlia Fhilonis^ enacted that the paknm auctoritas should be given beforehand. It is probable tliat plebiscita, or decisions of the comitia trihuta, were at first similarly submitted to the senate, but it is certain that after B.C. 287 {Lex Hortensia) plebi- scita were entirely emancipated from the control of the senate. At all times, however, the senate interpreted am- biguities in the law, and a senatusconsultum, if adopted by the magistrate who asked for it, and not vetoed by a superior magistrate, was equivalent to a law. {h) Elections. The influence of the senate on elections was similar. At first it revised the list of candidates chosen by the com. centuriata, afterwards it revised the list of candidates to he submitted to this comitia; but it did not interfere with the election of plebeian magis- trates at the comitia tributa. At all times, however, it fixed the dates of the elections, relieved valuable 1 This law had some reference also to plebiscita, supra, p. 159. In later times, it was expected that a magistrate, before proposing a bill to the assembly, should ask for senatus auctoritas. This is quite distinct from patrum auctoritas. 198 THE REPUBLIC OF ROMK. m. candidates from legal objections (e.g., on the score of age) and created the promagistrates. It also had the sole power of declaring a dictator to be necessary, or might by a senatusconsultum ultimum, suspend the ordinary laws altogether, and direct the consuls to provide, by extra- ordinary measures, ne quid detrimenti respublica caperet.^ (c) Religious rites. The priests of Rome, not being magistrates, could not enforce their decisions save through the magistrates, who in such cases acted upon a senatusconsultum. Thus the senate became the director of public worship, especially in the matter of the admission of new deities and ceremonies, such as the Bacchanalia. {d) Finance. It has been said already that the censors, while they were in office, were the chief finance ministers, but that there were no censors for three years and a half out of every five years. During this period their functions fell usually to the consuls. At all times, also, there was money to receive or to pay under orders and con- tracts, with which the magistrates for the time being, whether censors or consuls, had had nothing to do. The senate, being permanent, was the only authority which had a continuous knowledge of public affairs, and it was therefore regularly consulted by the censors and consuls on all questions of taxation and expendi- ture. ^ The senate also controlled the coinage. ^ This device was only employed during the last century of the republic, when the dictatorship was disused. ^ The people, though it acquiesced almost always in the control of the senate, was not constitutionally excluded from the manage- ment of the finances. Thus, in B.C. 195 it passed a hx Porciaj limiting the outfit of provincial governors ; in B.C. 60 it abolished all the portoria (customs duties) in Italy, and afterwards re-estab- lished them ; in B.C. 59 it reduced by a third the sums payable by the tax-farmers of Asia, etc. THE COMITIA. 199 {e) The Provinces. In a similar manner the senate assumed the control of the provinces. It alone knew the whole history of the management of any province, and, as it appointed the proconsuls and propraetors, so it directed them how to conduct their government. (J) Fm-eign Affairs. The obvious influence of the senate over the Roman provinces gave it paramount importance in the eyes of foreign potentates. To it all embassies were sent and appeals made, and it alone decided on peace and war, though this right belonged constitutionally to the comitia. §§ 140-144. The Comitia.^ 140. Value of the Votes. — The Roman state was essentially an aggregate, not of individuals, but of corporate groups or associations. Hence, in Roman popular suffrage, it was not the majority of heads, but the majority of corporations, i.e., of curiae, or centuries, or tribes, which carried the day. Each citizen voted only on the question what vote his corporation should give. This was decided by the majority of members, and the vote of "the majority counted as the vote of the corporation. For instance, ^ I have often for convenience used comitia as if it were a singular instead of a plural noun. Comitiam is not available, for it meant a part of the Forum. N.B. Bogare legem, is to propose a law to the comitia : derogarp. legi is to repeal part of it : ahro- gare legem is to repeal the whole of it : ohrogare legi is to propose a counteracting law : surrogare is to propose a substitute (usually for a magistrate). A rogatio is properly a bill or pro- posed law : juhere legem (or rogationem) is to pass a bill (said of the people) : antiquare legem is to reject it : ferre legem is to get it passed (said of the proposer). 200 THE REPUBLIC OF ROME. i in voting by tribes, each tribe had one vote, which was determined by the individual suffrages of the tribesmen; but the votes of any eighteen tribes out- weighed the votes of the other seventeen, though the members of the seventeen tribes might be far superior in numbers. 141. Comitia. — The people was divided originally into curiae, or parishes, afterwards (by Servius Tullius) into classes and centiiriae, determined by property, and. also into tribus, determined by locality. It is obvious that a citizen might, on various occasions, be invited to vote as a member of different groups, just as an English- man votes in hh parish for guardians of the poor, in his ward for members of the town council, and in his borough or division for members of Parliament. Thus the Komans also held different kinds of popular assem- blies for different purposes, the chief being the comitia curiata, comitia cenhmata, and comitia trihuta} (a) The Comitia Curiata, originally held to confer imperium on the king, and to decide on peace or war, was a patrician assembly held in republican times merely for the purpose of conferring the imperium on the consuls and praetors. The meetings soon became farcical. (b) The Comitia Centuriata was an assembly to which the people were summoned in the divisions of classes and centuriae established by Servius Tullius. The details of this division are variously represented, and are matters of high dispute among historians. The ^ Comitia was an assembly convoked for voting, and met always under the sanction of auspices taken in the early morning. An assembly invited merely to hear a speech was a contio, whence a speech to the populace was itself called a contio. THE COMITIA. 201 subjoined table, however, is sufficiently correct for the present purpose : — ^ Class. Census in Asses. Centurieo. 1 100,000 \ Equites, ) Pedites, 18 80 2 75,000 Pedites and Fabri, 22 3 50,000 Pedites, 20 4 25,000 Ped. and Cornicines, 22 5 11,000 Pedites, 30 6 Proletarii. y » ■ ■ ■ ■ ■ Do., 1 The centuries assigned to each class were divided (in the main) equally into seniores sind junio7'es. It is obvious that, when the centuries came to be used for political purposes, the " century " ceased to mean strictly 100 men. Some centuries must have been much smaller, and some much larger. 2 In any case, it will be seen that, in voting by centuries, the richest class alone had ninety-eight votes against ninety-five of all the other classes put together. The gross partiality of such an assembly was endured for a very long time, but about B.c. 250, by some law not now known, the comitia centuriata was reformed. The details of this reform are believed to have been as follows : — Each of the thirty-five tribes was divided into five classes, each class into two centuries, one ofjwiiores, one of seniores. To these 350 centuries were added eighteen ^ The fahri and cornicines, i.e., artizans and buglers, were not really of the census to which they were assigned. Their services were absolutely required in the army, and they kept their import- ance also as a political division. Livy puts the fabri into the 1st class, the cornicines and proletarii into the 5th. The state- ment in the text is founded on the account of Dionysius. 2 The average of a "century " was enormously raised in later times. In b.c. 241 the census showed 260,000 citizens, divided into 373 centuries, which must have averaged 700 men each. I 202 THE REPUBLIC OF ROME. of equites and five of fahri, cornicines, and proJetarii, on the Servian plan. All the centuries of the first class voted first, lots being cast to decide which of these should be praerogativa and commence the voting. The centuries of the second class followed, and so on. The Comitia centuriata, being theoretically an assem- bly of the army,i could be summoned only by a magistrate having imperium (dictator, consul, praetor), and could not meet inside the city. It was held usually in the Campus Martins. To facilitate counting the votes, the Campus was divided by barriers into saepta or enclosures, one for each century. From these the citizens passed in single file through a narrow passage (pons),^ and gave their votes, at first viva voce to the returning officers (rogatores), who marked them by dots (puncta) on a tablet. After about B.C. 120, however, the citizens were furnished with voting tablets,*** one of which they dropped into a basket as they passed out. The tablets were afterwards counted, and this diribitia took a considerable time. The proceedings of a comitia,. however, were required to be finished in one day. (c) The Comitm tiihuta grew out of the informal concilia plehis held at first by the tribunes. These magistrates soon began to take the opinion of the plebs by inviting them to vote in tribes. The patricians, who ^ It was often actually called exercituH. 2 Suppose the saepta (also called ovilia) to be round the sides of the Campus, and a large open space to be left in the middle. ^The tablets, at legislative comitia, bore the letters V R [uti rogas) or A {antiquo) ; at judicial comitia they bore the letter A {absolvo) or C (condemno). At elections they were probably not employed, or, if they were, they bore the names of the candidates. THE COMITIA. 203 were not originally invited, and did not attend, then perceived that the assembly of the plebs had one great advantage, viz., that it could be held in the city, and they decided to take part in it. Hence, after B.C. 449, the comitia tributa was summoned by consuls and praetors, as well as tribunes, and was openly recognised as a constitutional assembly, but a distinction of name was maintained, the same assembly being called comitia tributa when presided over by patrician (curule) magis- trates, and concilium plebis when presided over by plebeia,n magistrates. The comitia tributa met sometimes in the Campus, but usually in the Forum, which was divided by ropes into saepta. The presiding magistrate directed proceedings from the rostra.^ Lots were cast first to 1 A glance at the plan, inserted opposite p. 143 supra, will show that the Forum Romanum or Magnum (so called to dis- tinguish it from the Forum Julium, Forum Augustum, and other Fora constructed to the north of it by the emperors) was an open space, running from KW. to S.E., between the Capitol and the Palatine. It was about 220 yards long, 60 yards wide near the Capitol, narrowing to 35 yards near the Palatine. The Comitium was a smaller space adjoining it at the N.W. corner. The Curia HostUia, or original senate-house, and the Graecostasis, or hall for ambassadors in waiting to attend the senate, faced the comitium. At the corner made by the comitium and forum, stood the original Rostra, a large pulpit decorated with the prows of the ships captured B.C. 338. A speaker standing on this rostra could command both areas. The old curia was burnt B.C. 52 by the partisans of Clodius and was restored, but Caesar pulled it down altogether, and began a new one, curia Julia, finished by Augustus. This curia (now a church) was brought much further forward towards the forum, and covered part of the old comitium. The rostra was for this reason removed (e.g. 42), and set up again at the west end of the forum, under the Capitol. Another rostra was constructed about the same time at the opposite end, in front of the new 204 THE REPUBLIC OF ROME. THE COMITIA. 205 il decide in which tribe citizens not yet enrolled in a tribe ^ should vote ; secondly, to decide which tribe should be principiiim and vote first. After this the votes were taken precisely as in the comitia centuriata, 142. Functions of the Comitia. — {a) The comitia centuriata elected the consuls, praetors, and censors, and for a very long time decided on peace or war. This latter function, which had belonged originally to the comitia curiata, was afterwards assumed by the senate. Constitutionally, also, the centuriata had rights of legis- lation (subject to the approval of the senate, sup-a, p. 197), but it made so little use of them, in contrast with the €omitia tributa, that the latter assembly, which was, besides, the more convenient of the two, became the main source of Roman legislation. {h) The comitia tributa elected the tribunes, quaestors, ^lediles, and petty magistrates.^ It also passed plebiscita, which (after B.C. 2S7, supray p. 197) were binding laws without requiring the sanction of the senate. Most of the laws known to us are plebiscita. (c) The jmlicial powers of the comitia are more diffi- cult to describe. They were confined to criminal cases. The lex Valeria de provocatione, B.C. 509 (confirmed by Aedes Divi Julii, finished B.C. 29. The forum was lined with shops, haK of which were burnt and restored (novae) in B.C. 210. The shops were covered by C. Maenius (b.c. 338) with galleries {Maeniana), whence spectators could look on at the life of the forum. ^ E.g.y citizens who had come of age since the last census, and Latins who had become entitled, by residence in Rome, to the citizenship. - It sometimes elected extraordinary magistrates — e.g., the dictator Fabius in B.C. 217. Sulla allowed it to elect his new senators. 11! the lex Valeria Horatia, b.c. 449, and yet a third kr. Valeria, B.C. 300), enacted that any citizen condemned by the consuls to death, flogging, or exile, might appeal to the comitia centuriata. From this time forth the consuls did not trouble to try cases involving such punishments, but called the comitia to try them.^ The comitia tributa had not, by statute, any judicial powers, but the tribunes used to bring accusations before the plebs by alleging that the accused had violated the lex saci-ata (B.C. 494), the solemn contract between the plebs and patricians. In this way Coriolanus was accused before the plebs (b.c. 491), and the senate practically admitted his condemnation. The danger and incon- venience of such unconstitutional condemnations induced the consuls very frequently to call the comitia centuriata for the purpose of allowing the tribunes to accuse an enemy of a capital crime : but prosecutions before the comitia tributa'^ were still very common, though in such cases capital punishment could not be inflicted The comitia was so cumbrous a court to manage that it often delegated its powers, in difficult cases, to a qmestio extraordinaria, without appeal. The obvious ^ The tribunes could veto the calling of the comitia for such a purpose, and in one instance, b.c. 458, a dictator was appointed merely to remove their veto. A dictator could always prevent an appeal to the people. So could a senatuscomvltum ulfimum which suspended all the laws. 2 The lex Aternia Tarpeia (b.c. 454) gave to every magistrate the power of inflicting, without appeal, a fine not exceedincr a certam maximum, and seems to have given to the accused, if a lai-ger fine was inflicted, the right of appealing to the comitia tributa. Hence the tribunes could, by exceeding the maximum fine, force the defendant to appeal to the plebs, with the certainty that he would get no redress. 206 THE REPUBLIC OF ROME. II I . i'!'' merit of this practice led to its extension, and ultimately, in B.C. 149, the lex Culpurnia established a permanent court, quaestio ordinaria, to try cases of repetundae pecuniae or extortion by provincial governors. Other permanent quaesiiones were soon established (de sicmiis et veneficiSy ambitus^ majestatis, falsiy peculatuSy de vi) especially under Sulla's reforms, and thus the judicial power of the people was gradually surrendered (cf. § 193). 143. Sacerdotal Comitia. — It has been stated above (p. 190) that the priestly colleges elected their own members, but that the people ultimately assumed the right of nominating the priests to be elected. This was done at special comitia attended by seventeen tribes chosen by lot out of the thirty-five, and presided over by a consul. 144. Comitia Calata were patrician assemblies (cf. p. 170) summoned by the Pontifex Maximus to hear the calendar of the month, to witness the consecra- tion of priests, to validate wills, and, to witness the ceremony of detestatio sacrorumy whereby a man re- nounced his family or the duty of celebrating certain family rites. (3) Classes of Citizens. 145. Gives Optimo jure. — Though the government of Rome was republican, her citizens were not all on the same footing. The full privileges of Eoman citizenship, enjoyed only by cives optimo jure, comprised the following rights : — ^ ^ A right, jus, is a privilege recognised by the law-courts, and protected by them from infringement. THE CITIZENS. 207 {a) Puhlica Jura: (1) Jus Suffragii, right of voting. (2) Jus Eonorum, right of eligibility to office. (3) Jus Provocationis, right of appeal to the people on a criminal charge. {h) Privafa Jura: (I) Jus Commercii, right of hold- ing property. (2) Jus Conuhii, right of contracting a legal marriage. These privileges belonged at first only to patricians, and were obtained for the plebs by a series of laws. The Servian classification gave them suffragium; the lex Valeria of B.C. 509 gave them jus provocationis; the lex Canuleia, B.C. 445, gave them cmiuhium; and they acquired thejfM^ honorum by the long struggle which closes with the Lex Ogulnia, B.C. 300 (supra, p. 158). The full citizenship was acquired either by birth in lawful wedlock of two citizens or by naturalisation, conferred either by law or by a magistrate having imperium.^ A citizen born was inscribed in the list of his tribe and century by the censors after attaining the age of seventeen, and thenceforth enjoyed all the privileges of citizenship. N.B.—No citizen could vote without being present at the comitia. 146. Libertini.— Not every man whose name Avas inscribed in a tribe or century was a civis optimo jure. Freed slaves {liherti) were so inscribed and voted and I Magistrates with imperium, however, seldom gave the citizen- ship without consulting the people. A Latin, who had filled a magistracy in his native town and afterwards settled in Rome, was enrolled as a citizen by the censors without legal for- malities. //^ /■T' 208 THE KEPUBLIC OF ROME. THE CITIZENS. 209 held property, but they had not the jus honorum, nor had their descendants (libertini), at least until the taint of slavery was removed by two or three generations.! 147. Gives sine SuffragiO were properly the mem- bers of certain Italian communities to which a partial franchise was granted by Rome, e.g.y Caere in B.C. 353. In the censors' list they were enrolled originally among the aerarii, who belonged to no tribe, and only paid taxes. But, after B.C. 90 when all Italy had received the civitaSy the names cives sine snffragio, Caerites^ aerarii were applied disdainfully to citizens who had lost their vote by degradation, either through infamiay inflicted as a punishment for certain crimes and vile practices, or through ignominia, the censure of the censors. ^ In- famia lasted for life ; ignominia only for a lustrum of five years. 148. Capitis Deminutio. —There were other way& in which a citizen might lose some or all of his civitas. Each citizen, from the point of view of the magistrate, was a caput or political unit ; and the loss of citizenship was therefore called capitis deminutio. Of this loss ! A slave was merely a piece of property. If he was freed (irianumissus) by his owner in any of the three formal ways, viz.,, testamentOy by will, eensu (see p. 177 w.), or vindicta, by a mock trial before the praetor, he became a citizen, of such tribe and century as the censors chose to assign him to. He now belonged to the class of lihertini, but was the libertus of his former master, who became his patronus. He took usually the praenomen and nomen of his patronus, and appended his servile name as cog- nomen (e r/., P. Terentius Afer). So long as he lived he owed certain loyal ser\dces to his patronus and his family. 2 The censors might degrade a citizen by lowering his class without reducing him to the position of an aerarius. there were various degrees. Capitis dem. maxima was the result of being sold into slavery away from Rome, a fate which befell captives taken in war and also some or criminals found guilty of evading military service taxation. Capitis dem. minor was usually the conse- quence of going into exile to avoid a condemnation. The former involved the loss of liberty, and therefore of all other rights : the latter only involved the loss of the jus suffragii and jus horwrum. But many legal details are here omitted. 149. Equites were not merely the citizens who actually served in the cavalry with a horse provided by the state (equo publico), but all persons who possessed the census! entitling them to belong to the cavalry. These, being the richest class, naturally acquired power and prominence, and assumed some special distinctions, such as a gold ring and a tunic showing two thin purple stripes (angusticlavia). But they had no constitutional privileges till Gains Gracchus (b.c. 122) procured the law which gave them the exclusive right to sit on juries. This law was afterwards repealed by Sulla, but was partly restored in B.C. 70. (See infra, § 187.) In B.C. 67 the lex liosciagsive to the equites the right of sitting in the first fourteen rows in the theatre, immediately behind the orchestra where the senators sat. 150. Nobiles.— Magistrates who had filled a curule office were very early entitled to special distinctions, of which the chief was the right to have in their halls, and ^ What the census equester was, until Augustus fixed it at 400,000 sesterces, is not known. The equites were the richest of the first class, for which the lowest qualification was 100,000 asses. They are said to have been called " classici " jiar ex- cellencey but this is doubtful. o trr^ 210 THE REPUBLIC OF ROME. THE PROVINCES. 211 !> to exhibit at family funerals, the waxen portraits (irmgines) of their ancestors. The jus imaginum, once obtained, became hereditary, and the persons who owned it were called nohiles} It is obvious that the senate being almost entirely composed of ex-magistrates, was very largely composed of nobileSy and in time every senator was accounted nobilis, whatever magistracy he had held. Hence, the senatorius ordo is practically the same thing as the nobilium (wdo. There was not, however, any property qualification for the senate or a curule magis- tracy till the time of Augustus, who fixed the senatmins census finally at 1,000,000 sesterces, and made the senatorial rank hereditary, provided property to that amount accompanied it. 151. Number of Citizens.— The census of b.c. 241 showed 260,000 citizens of military age (17 to 60). That of B.C. 70 showed 450,000. This should have included the whole of Italy, but probably only citizens present in Rome were counted. The census of B.C. 28, taken over the whole of Italy, is said to have shown 4,063,000 citizens of military age. This would imply a total Italian population of about 18,000,000, an incredible number. (c) Government of Italy and the Provinces. 152. Municipia and Oivitates Poederatae.— In the earliest times the Romans, on capturing a neigh- bouring town, destroyed it and removed the inhabitants to Rome. Afterwards, conquered towns were allowed to stand and to retain their independence under various conditions. The foedns Cassianum, concluded B.C. 493, ^ A novtis homo was a man who, like Cicero, had made himself nobUis, but had no ancestors to show. ■4 between Rome and the towns of Latium, treated Romans and Latins on practically an equal footing, and allowed a Latin to become a full Roman citizen bv removing his residence to Rome. These terras, however, were greatly modified after the Latin war ' (B.C. 338), and were not offered to any other Italian cities. To certain cities either the full ciidtas or the civitas sine svffragio was given. These were called nnmicipia;^ as being liable to the munia, i.e., the burdens of military service and taxa- tion of the full Roman citizens. Other towns retained their independence subject to a particular treaty,-' and became ckifates foedemtcie without citizenship. The members of the old Latin league, soon after b.c. 338, when their rights were reduced, were called nomen Latinum; the other Italians were called socii Italici. In the eye of the law, every man who was not civis was peregrinus. Subject peregrini, e.g., Sicilians or Spaniards, who did not belong to a civ. foederata, were commonly called socii, but were really governed bv arbitrary command. 153. Ooloniae. — For the purpose of keeping down the subject populations of Italy, the Romans founded among them numerous colonies. Some of these, such as Ostia, consisted, in whole or in part, of Roman citizens who retained their civitas.^ These were called Cohmiae ^ A'i/., aLatin could not become a Roman citizen unless he had filled a magistracy in his native town. -The oldest municipium was Tusculum (b.c. S8l), not Caere (b.c. 35,3), though the latter was considered the type of such towns. ^ Kf/., Tibur and Praeneste. The foedu.'i might be favourable (aequum) or unfavourable [Iniquum) to the town, and sometimes required the payment of tribute (stipenditmi), •*The thirteen new tribes, created between b.v. .387 and b.c. 241, included many such colonies. 212 THE REPUBLIC OF ROME. THE PROVINCES. 213 Roiimnae. In others the colonists received the status and rights of Latins, and the colonies were called Coloniae Latinae. The former were practically municipiay the latter were in the position of civitates foederatae. 154. Local Government. —In Italy municipia and federate cities (though subject to the military service required by Rome) managed their own internal affairs.^ The forms of their governments were deter- mined, in the first instance, by the senate of Eome, and varied according to the traditions and requirements of each place. Some, for instance, had an annual dictator, as Lanuvium ; some had consuls or praetors, as Tuscu- lum, Beneventum. After B.C. 89, when (by the Lejc Mia, B.C. 90, and Lex Flautin Papiria^ B.C. 89) all Italy had received the civitas,'^ the distinction between muni- cipia and federate cities disappears, but the different forms of government survived. In B.C. 45 (lex Mia munidpalis) J. Caesar reformed them nearly all to one pattern, closely similar to that of Rome. Each municipium had a senate and comitia and two or four magistrates similar to the praetors. ^ In some communities the administration of justice was taken from the local authorities and entrusted to prae/ecti hire dicunda sent by the praetor. (The prae/ecti Capuam Cumas were officers of the same kind, but elected.) In this connexion should be mentioned the fora of Roman citizens settled chiefly on the great roads (e.g., Forum Appi) and the conciliabulat petty capitals of rural settlers. 2 Italy at this time extended from the straits of Messina to the rivers Aesis and Macra. The civitas seems to have been ex- tended to Cispadane towns also in b.c. 89, and was given to Transpadane in B.C. 49. But the northern frontier of Jtaly (ad- vanced to the Rubicon in B.C. 59) was not moved to the Alps till B.C. 42. Although, after the Social War, the distinction between Romans and Latins disappears, yet the old jus Litii ' {ie., the former limited privileges of Latins) was frequently given to peoples and cities outside Italy. The full civitas was not given to all inhabitants of the Roman y a general having imperium— that is, by a consul, praetor, proconsul, pro- praetor, dictator, or magister equitum. The infantry of each legion was commanded by six trihuni militnm,^ who took it in turns (month by month 'An ordinary annual levy {jnsfm exercitm) consisted of four legions, two for each consul. Hence, ordinarily twenty-four trihuni militum were required. These were at first nominated by the consuls, but the people (b.c. 362) claimed to elect six of them, and finally (b.c. 207) was allowed to elect the whole twenty-four. If, however, there were more than four legions raised, the com- mander nominated the tribunes of the extra legions. Elected tribunes (comitiati) only held office for a year ; nominated tribunes held office as long as the commander who nominated them. The latter are said to have been called ritfuli because they were nominated under a law of one Rutilius Rufus, just as London policemen are sometimes called "Peelers " after Sir Robert Peel, who organised them. Military tribunes were always chosen from the upper classes, and were entitled by virtue of their office to belong to the equestrian order. 224 ROME. or day by day) to be chief. Each maniple was com- manded by two centunons, of whom one was superior {jytior)j the other inferior (postericyr). The timnae of cavalry were divided each into decmiae, commanded by a deciirio, with an itpfio under" him. The first decurio was in command of the whole cavalry contingent. 169. Citizen-Soldiers.— It has been already more than once stated that Servius Tullus compelled every Roman citizen, possessing more than a certain property, to serve in the army in a rank proportionate to his property. The richest served as cavalry, with horses furnished by the state {equo publico) ; those of the first class who were not rich enough to be horsemen, served as infantry, with a very full equipment of armour ; ^ the four lower classes had a less and less equipment. The armour was provided by the soldier himself The poorest citizens were, for this reason, not generally required to serve ; but on extraordinary occasions, when a levy en itmsse (tamultuanus) was necessary, the poorest also took the field, receiving arms and armour from the state. Between the ages of seventeen and forty-six the soldiers served usually among the centuriae junioi'es, from forty- six to sixty among the seniores ; but a citizen who had served in a large number of campaigns could be passed into the seniores before attaining the age of forty-six. The seniores, and apparently also the very youngest citizens, were not called upon for more than garrison duty, which was not very fatiguing. (5) Very important alterations were made in this system in the time of Camillus. First, B.C. 406, pay ^''iz., helmet {galea) j breastplate {lorica), greaves (ocreae), metal shield {clipeus), and lance {hasfa). II THE ROMAN ARMY. 225 {stiperulium) was given to all soldiers ; secondly in B c 403, a new cavalry, not chosen by wealth, was instituted. Ihe introduction of pay removed the objection to com- pelhng the poorer citizens to serve, and a new (sixth) class was added, of which the census, at first 4,000 asses was ultimately reduced as low as 375 asses (censm extremus). Only citizens who had no property worth mentioning {capite censi) thus escaped service in the legions, but these were (after B.C. 311) employed alon- with the Italian socii in the fleet. ^ (c) Marius finally abolished all property qualifications altogether, and enlisted any citizen who would serve The extension of the civitas to all Italy (b.c. 89) provided such a large number of poor men eager to turn soldiers that henceforth the middle and upper classes ceased in fact to be called upon, though they remained liable for service. 170. A Levy (delectus or dilectus).— The number of soldiers to be raised on a given occasion was fixed by the senate. The consuls (occasionally praetors) then issued an edict calling on the people to assemble. It would appear chat originally the citizens assembled under arms in the Campus Martins, outside the city, and that the convoking magistrate there selected his men- But in the time of Polybius (flor. b.c. 150) the people assembled without arms on the Capitol, each tribe having its own place. Suppose >wr legions to be required. For these there would be^ twenty-four fribuni militum, whom the consuls divided among the intended four legions. The consuls ^On the choice of the military tribunes see supra, § 168 7i Those chosen by the people were ultimately elected at comitia fnbuta, but they may at first have been elected at the levy 226 ROME. then drew a tribe by lot, and from it selected men, four at a time, whom the tribune immediately drafted into the legions. When that tribe was exhausted, the consuls drew another, and proceeded with it in the same way till the four legions were filled.^ The consuls then administered the military oath {sacramentwn) to the tribunes, who afterwards read the oath to each legion and swore-in each man. The oath was binding so long as the general, to whom it was taken, remained in command. After the time of Marius, soldiers entered the army for twenty years certain, and took an oath on enlisting which lasted so long as they were in the service.'-^ 171. Socii. — The cives sine suffragio and federate peoples were required to serve in the army (if they had the proper census) as much as the full citizens. Hence, most of the Italian towns furnished contingents, the number of which was fixed by edicts of the Koman generals. These contingents were levied by the local authorities, and were paid by them, Eome only furnishing the rations in the field. In Polybius's time the socii found half the infantry and three parts of the cavalry. Auxilia were mercenary troops, recruited outside Italy, such as Balearic slingers and Numidian cavalry. ^ The consuls on the spot pronounced judgment on claims for exemption, made by citizens who were either physically defective (causarii) or had served their time already {emeriti), or were excused by statute. Punishments were also declared upon deserters. ^ Long before Marius there were veterans who loved soldiering and who joined the legions regularly (nomina dahant) without attending the ceremonies on the Capitol. These were called evocatit and were highly valued. the roman army. 227 .§§ 172-176. The Army in the Field. 172. (a) The Legion.— The formation of the army in regal times is not clearly stated in the authorities, who compare it to the Macedonian phalanx, a uniform battalion, although they at the same time say that the different classes had different weapons. Whatever the formation was, it was certainly greatly altered, probably under Camillus. After his time, the legion was drawn up in three lines, i the first (of young men) called hastati, the second (of men at their prime) principes, the third (of middle aged men) called timni or ptlani. These names are evidently derived from some earlier arrangement, for, in this later legion, the hastati had no hasta, the piincipes were not the front line, and pilani had no pilum. On the contrary, the JwMi and pnrwipes (or antepUmii) carried pila (javelins), while the trmni carried hastae (lances).*-^ Each line consisted of ten maniples, commanded by two centurions {prior and posterior), but the maniples of tnarii were only half as large as those of the other lines.^ Spaces were left between the maniples, through which the velites, skirmishers throwing light javelins, ran for- ^ Each line contained several ranks, Init how many is not certain. 2 The Spanish ', at 40 to the maniple, . .... 1200 4,200 I ! II t i /, 228 ROME. ward and retired. It is said that the maniples were arranged in quincunx order,' so that the openings of the front were covered by maniples of the rear. The cavalry also was drawn up in ten turmae of thirty men, similarly disposed in three lines. Each horseman had a long sword and spear. The legion had no standard. Each maniple had a dgnum : each turma of cavalry a vexillum. (h) Socii. The contingents of the allies formed the wings (alae) of the legions. They were originally drawn up in legions too, but, after B.C. 338, each contingent formed a cohort commanded by its own pxiefectus^ and all the cohorts of a wing, considered as one legion, were commanded by three Roman officers nominated by the consuls and called praefecti socinm. Probably each cohort was subdivided into maniples and centuries. The cavalry of the socii was grouped in turmae of sixty men, and each turma, being supposed to represent one town, had its own standard. All the allied cavalry was commanded by a Eoman praefectus, but the petty officers (decuriones) were furnished by the allies themselves. 173. The Marian Army, having no occasion to distinguish age and census, was differently formed. The ranks of hastati, etc., and the groups of maniples and centuries continued to be recognised, but the legion as a whole was divided into ten cohorts, each commanded by the senior centurion in it," and each provided with a . • ' A qiiincunx is the figure , * , on a die. ' It is said that a centurion began as poiterior in the tenth man- iple of hantali and was promoted through the ten maniples first as posterior, then as prior. He then entered the next branch, priu- cipe,i, and was similarly promoted, and so on until he rose to be primipilm, i.e., cenfurio prior of the first maniple of triarii. THE KOMAN ARMY. 229 standard The legion also now received a standard, a silver eagle («?«&), and, in Caesar's time, was distinguished by a number which it retained wherever it went. Each legion thus preserved its identity for ever and began to nave its own history. The cavalry, after the Social War (b.c. 89), was no longer obtained from Italy, but consisted entirely of toreign mercenaries, organised as before in aim. 174. The Camp. —A Roman army encamped everv- evening in a spot chosen by auspices, and mapped with great care by professional surveyors (ami- vunsores or .jromitki, so called from their ,,ro,na an instrument for .Irawing right angles). A large square was drawn and fortified all round with a palisade and ditch a gate being left in each side. The square was then divided by parallel- roads into a series of rectan-ular spaces (striga^, saimm,), each of which was allotted^to a definite portion of the army. The general's quarters (pmetm-tum) were at the junction of the main cross-roads joining the four gates. Of these gates, the port,, praeioru, was nearest the enemy, the porta decmana opposite it and farthest from the enemy. The side-gates were p,»i„ principalis dextra andp.p. sinislm. The distance from <'ate to gate was nearly half a mile, but the exact size "and arrangement of the camp are subjects of serious dispute Outposts (stationes) were stationed in advance of the g^tes mstodes at each gate, and sentinels (exmbm^) alomi the palisade. FigUes kept guard at night and were chan<.ed four times. The watchword for the night (dgm,n) was written on wooden tablets (tesserae) a.nd made known to the menbyfourifm««,M,speciallypicked men fromeachlegion. 175. Pay.— The stipendmin, originally granted in B.C. 406, was paid half-yearly, and amounted in Polybius- " -«• i 9" if; 230 ROME. THE ROMAN ARMY. 231 time to about 2|d. (2 obols) a day for an infantry soldier. Centurions received twice as much, and horse soldiers three times as much. The pay of higher grades is not known, but the tribimi certainly received nothing. From the pay was deducted the expense of kit and provisions. The state, when it paid the soldiers, began to claim the booty, but most of it was given to the army, each soldier and officer receiving a share in proportion to his pay. The chief expenses of the campaign were really paid out of the tnhutum or war-tax. 176. Honours, etc — Soldiers who distinguished themselves might be awarded decorations, such as medals (phcderae), bracelets {armillae\ necklets (torques^ etc. Crowns of various kinds were given to officers and generals. Pensions were not given under the republic, but veterans, after the time of Marius, were provided for by grants of land in military colonies, such as that which pounced on Vergil's land at Mantua. FnnishmentSf such as degradation, beating or execution, were inflicted for various offences at the discretion of the tribuni milittim and paefecti socinm. (b) A triumph was the most magnificent reward which Rome could give to a successful commander. To secure it, various conditions had to be satisfied : — (a) The general must have been dictator, consul, or praetor, for these magistrates alone could retain impei'ium inside the city (see, however, p. 182 n.). (b) He must have actually commanded in the battle and commenced it, himself taking the auspices. (c) The battle must have been decisive and have ended the campaign. (d) The foes must have been foreigners and at least 5,000 of them must have been slain. If these conditions were fulfilled and the senate decreed a triumph, the general was allowed to bring his army into the city and to ride up to the Capitol as the representa- tive of Jupiter Capitolinus. Generals who did not obtain a grand triumph some- times were allowed an inferior celebration on the Alban Mount, or an ovation, or were honoured by a public thanksgiving {supplicatio). §§ 177-181. The Army under the Empire. 177. Recruiting.— The rule that Roman legions should consist of Roman citizens was maintained in imperial times, but the emperors, who relied entirely on the army, were naturally unwilling to employ only Italians, who might be at once too captious and too strong. The practice therefore was that every soldier enlisted in a legion received the citizenship, and thus recruits were chiefly obtained from the provinces. The officers however and the praetorian and urban guard con- tinued to be chosen from Italians, who also furnished a number of cohoiies civimn Eomanomm, small corps distinct from the legions. Besides the legions, auxilia of horse and foot were also enlisted, but only from imperial pro- vinces. The period of service was lengthened to twenty- five years for the latter, but remained at twenty years for the legionaries. Compulsory levies were still possible, but were very seldom required. 178. The Legions.— After the battle of Actium, Augustus was master of two armies, his own and Antony's. These were in more than two divisions, in each of which the legions were numbered in order I, IL, HI. etc. Instead of renumbering them, he decided to retain f|;i 232 ROME. THE ROMAN ARMY. the old numbers, adding to each a distinctive name, e.g., Legio III. Augusta, Legio III. Cyrenaica, Legio III. Gallica : Leg. VI. Victrix, Leg. VI. Ferrata are distinct, etc. This custom was retained even when new legions were raised, so that, besides the Legio I. Germanica raised by Augustus, later emperors enrolled also Legio I. Adjutrix, he^. I. Italica, Leg. I. Minerva, Leg. I. Parthica, and so on with other numbers.^ {h) Augustus restored to the legion its contingent of cavalry, which had been abolished since the Social War, but made very few other alterations. Following the ex- ample of Caesar, he appointed to each legion a leyatus Augusti of senatorial rank, who acted as brigadier, between the general and the trihuni militum. As the legions were now stationed for many years together in one district, they were also provided with permanent depots {castra stativa),'^ each superintended by a stationary officer, praefechis castronim. 179. The Praetorian Guard (praetorium), organ- ised by Augustus in B.C. 2, was at first divided, three cohorts being stationed close to Eome, and six more at various imperial residences in Italy. Tiberius collected all the nine cohorts in one barrack at Eome. Each praetorian cohort consisted of 1,000 men, partly horse and partly foot (miliariae equitatae) divided into centuries and commanded by centurions. They were recruited entirely from Italians, and had numerous 1 The XVIIth, XVIIIth, and XlXth legions were destroyed (under Varus) by the Germans in a.d. 9. These numbers were never afterwards replaced. Similarly Legio IX. Hispana was exterminated by the Britons in a.d. 120 and never was restored. - The summer-quarters {oeHtiva) and winter-quarters [hiberna) were both stativa. 233 privileges apart from the special favour of the emperor, whom they protected. They received 720 denarii a year,^ while the legionary soldiers received only 225, and they served only for sixteen years certain, while the legionaries were bound for twenty. It has been already stated that the praetorians were commanded by two praefedi praetorio. 180. The Cohortes Urbanae were originally three in number, of 1,000 men each, but without cavalry. Like the praetorians, they were recruited from Italians only, and were quartered at Eome. They also received extra pay (300 denarii a year), and often furnished recruits to the praetorian guard. The cohortes urbanae were numbered X., XL, XII., immediately after the nine cohorts of the praetorians.' A thirteenth -cohort afterwards was enlisted (apparently by Tiberius) and stationed at Lyons. Two more were afterwards stationed at Ostia and Puteoli. 181. The Cohortes Vigilum, seven in number, were of inferior rank, and were recruited from public slaves and freedmen. They also consisted of 1,000 men each, and were distributed in guard-houses {excuUtoria) among the fourteen Ilegiones into which Augustus divided the city and suburbs. Their duties were to attend fires with engines (siphones), and to watch the prisons, public baths, etc. They were commanded by tribunes under the praefedus vigilum. 1 Taking a denarius at lOd., this is about £30. The pay of the army had been greatly increased by Caesar and again by Augustus. i 234 llOMK. K'iP'i' XXVIII. THE EOMAN NAVY. 182. Ships of the Fleet.— The Romans, though they were from a very early time accustomed to mari- time commerce, had no ships of war until after the subjugation of the Latins, B.C. 338, and never relied much on naval force. The long contest with Carthage, how- ever, taught them to take an interest in naval tactics and to study the construction of ships. Afterwards, we hear little of the fleet (except when Pompey was suppres- sing the Cilician pirates) until Augustus, after his com- bats with Sex. Pompeius and Antony, established regular squadrons to guard the Mediterranean and the great frontier rivers. Of the squadrons, one was stationed at Misenum, another at Eavenna, another (for a time) at Forum Julii {Frejus), another on the Rhine, and another on the Danube. More fleets were afterwards created to keep order in the Euxine, in the English Channel, at Alexandria, and elsewhere. These fleets consisted of men-of-war (;naves longae) and transports (onerariae). The former were mostly triremes, but some (libnrnae) were light biremes used as despatch boats. 183. The Crews.— Service in the fleet was not considered so honourable as that in the legions, and no Roman citizens, except the poorest and freedmen, were drafted into the navy. The oarsmen {remiges)^ the sailors (nautae), and marines (propugnatores or dassiarii) were obtained almost entirely from Italians, and were there- fore called socii navales. For the same reason, the quaestores classici appointed in B.C. 2G7 to superintend the enrolment of crews, were stationed in Italian towns,* and supervised Italian taxation. ^ Ostia, Cales, Ariminum. ROMAN LAW. 235 Under the empire, the complements of the fleet were recruited chiefly in the imperial provinces which had a large^ seaboard. The men enlisted for twenty-six years certain, and received the Roman citizenship. The admirals were caWed praefecti classibus. XXIX. ROMAN LAW. 184. In Regal Times.— At first, while there were no written statutes, the kings, advised by the gods through auspices, and also by the senate, gave judgment in all trials. The absence of statutes, however, did not leave much room for originality. Their place was very efi*ectually taken by custom, divinely sanctioned in the past, and public opinion, which was likely to receive divine sanction in the future. Of both alike the senate, or council of old men, was the authorised exponent, and, as such, it exercised so strong an influence on the king, that he is to be regarded much more as the spokes- man (like an English judge), than as the ruler of the community. He could delegate his power to the pme- fectns iirhi, when he was absent from the city, and also to ^ judex, chosen by him from among the senators. He was assisted in state trials by the quaestai'es parricidii and the duoviri perduellionis, but these officers, apparently, only collected evidence and conducted prosecutions before the king. In capital cases the condemned could appeal to the people against the sentence. As the earliest senate consisted of 100 members, it is possible that the centmnmri, a very ancient court, of which we know only the later form (ivfra, § 187), represented some ancient jurisdiction of the senate. 236 ROME. iiiuii; II .§i 185-193. Under the Kepublic. 185. Sources of Law.— The consuls succeeded to the powers of the kings, but held them for only a few years. The plebs, who were not represented in the senate, and were ignorant even of the customary law, began to be clamorous for written statutes. The customary law was therefore codified and published in the XII. Tables, and gradually modes were invented for extending and revising the statute-book. The sources of law under the republic are as follows : — 1. The Twelve Tables, published B.C. 450, were a code of twelve statutes, each consisting of many clauses, dealing in a confused manner with large legal principles, special enactments on details and rules of procedure. With all their defects, they were received most gratefully, and remained for ever afterwards the foundation of Eoman notions of right and wrong. 2. Senatns dmsnlta, if not vetoed by a magistrate, were laws {supra, p. 196). 3. Decisions of the comitia centuriata {snpm, p. 197), were leges proper. 4. Plebiscita, or decisions of the comitia frihuta, were laws {supra, p. 197). 5. Eclicis of the magistrates {snpra, p. 184), published when they assumed oflSce, were laws for a year at most in all matters of which they had the control.^ Of course, the edict of one magistrate did not interfere with the edict of another, and the tribunes or other magistrate, having veto {supra, p. 185), could protect any citizen from an ' It would seem that all magistrates, except the praetor, could alter their edicts from time to time. The edict of the i/raetor urbanus (probably also of the praetor jitregrinus) was perpetuum, i.e., it could not be altered during the praetor's year. W ROMAN LAW. 237 oppressive use of the edict. Hence magistrates could not, by their edicts, introduce violent innovations ; but public opinion supported them when they made such slight alterations in law and procedure as experience showed to be desirable. 186. Jurisdictions.— The right of giving judgment in various cases belonged partly to the people, partly to the magistrates. Every magistrate (by the lex Aternia Tarpeia, B.C. 454 and others) had the right of enforcing his own orders by inflicting a fine not exceeding 3,020 asses.^ This right, of course, gave to every magistrate a limited criminal jurisdiction, but the more important jurisdictions, or powers equivalent to jurisdiction, were divided as follows : — 1. The Senate had, strictly, no jurisdiction at all, but it advised magistrates who had jurisdiction, and also, by a senatus consultum ultimum, it could suspend all laws and jurisdictions in troublous times, and give the consuls dictatorial powers. A notable instance occurred in B.C. 63, when Cicero put down the Catilinarian conspiracy. 2. The Comitia, both centuriata and tributa, had jurisdiction in all important criminal trials, until the last century of the republic, when the quaestiones perpetuae were established. 3. The Censors had jurisdiction in all lawsuits con- cerning property in which the state was directly or indirectly interested : e.g., in matters of taxation, public works, boundaries of state property, etc. In some cases the censors gave judgment themselves (by cognitio), in others they appointed a jury of recuperafores to try questions of fact. They were not governed by statutes, but followed principles of abstract justice. ^ Originally, thirty oxen and two sheep. Cf . supra, p. 205 n. f 238 ROME. ROMAN LAW. 239 Jin} 4. The Consuls (except when armed with a senatus consultum ultimum) had practically no jurisdiction of their own/ but assumed usually that of the censors when there were no censors in office {i.e., for three and a half years out of five). 5. The Curule Aediles, as superintendents of the markets, had jurisdiction in disputes about bargains made in open market. 6. The Quaestors, as guardians of the state treasury, . assumed a jurisdiction against the debtors of the state (e.g., a jyuhlicanus who had not paid his share of a contract for taxes). 7. The Pontifex Maxiinus had criminal jurisdiction in some religious offences, e.g., violation of a tomb. 8. The Praetor Peregrenus, or more properly the praetor qui inter cives et peregrinos jus dicit, had juris- diction in all disputes arising between citizens and peregrini {i.e., non-citizens).- His office was instituted in B.C. 242, and as there were no statutes applicable, he was necessarily guided by principles of abstract justice. These principles, sifted by long experience, were incor- porated in his edict, and became the code of jus gentium, the foundation of modern equity and of international law."^ The praetor peregrinus did not try questions of ^ Probably they tried non-citizens accused of crimes involving death or flogging. - The term pere(jrini applied to almost all Italians before the Social War, but afterwards only to provincials. 3 The terms here used require comment. According to Eoman jurists, jus civile is the law of any nation; jun gentium consists of those rules of justice which nature has taught to all nation^, and is identitied by Gains with jus naturale. Hence juji gentium is not international law, but is the common foundation on which both civil and international law rest. The edict of the praetor fact, but referred them to a judex, or more often to a jury of recupemtores, three, five, or eleven in number. These decided, by a majority of votes, what the facts of the case really were, and gave judgment upon their findings according to the directions of the praetor. These recuperatores seem to have been a mixed body, partly citizens and partly non-citizens, but the name was afterwards applied to juries appointed by other judges. 9. The Praetor Urbanus was the chief judge of Rome, and to him all " civil " ^ cases were brought. He, also,' did not usually decide cases himself by cognitio, but generally appointed a judex or a jury of recuperatores to try questions of fact. Some particular questions of fact were, by law, sent to the centumviri or the decemviri Mitibus judicandis. (For other praetors, see infra; p. 249 .) 187. Juries. — Judices and Recu^yeratores had no "jurisdiction" proper, that is to say, they did not declare the law, but they gave verdicts on questions of fact. Down to B.C. 122 judices were always senators. In that year the lex Sempronia judiciaria of C. Gracchus peregrinus represented jus gentium in this sense, that it repre- sented aequifas, according to the conscience of that praetor. The edict of the praetor urbanus partly served the same purpose, and thus the two edicts were partly identical. The functions of the edict were discharged in England by the Lord (:;hancellor, who was the 'keeper of the king's conscience,' and found a remedy ' in equity ' for wrongs which the law did not cover. Cf 171 fra §191. •" ' ^ "Civil" cases are mostly disputes between one citizen and another, arising out of contract or tort. A contract is an agree- ment which the state thinks fit to enforce. A tort is a wrongful act (such as an assault, trespass, or libel) which the state does not treat as a crime, i.e., as an offence against itself. "Civil," in this application, is opposed to "criminal." 240 ROME. transferred the privilege of being judex to the equites. After some abortive attempts to alter this law {Leges Serviliae, B.C. 106, 104, and Lex Livia, B.C. 91), a lex Plautia (B.C. 89) decreed that each of the 35 tribes should choose 15 judices. Sulla (B.C. 82) restored to the senators judicial power, but introduced 300 equites to the senate. The lex Aurelia, B.C. 70, instituted three decuriae^ of judices, one of senators, one of equites, one of tribuni aerarii, a new class, consisting of persons possessing more than 300,000 sesterces but less than 400,000. Caesar (b.C. 46) suppressed the decury of tribuni aerarii. The Centumviri were a large jury of 105 members (three from each tribe), which had a special court in the Forum. A lance [hcista) was placed before the tribunal as a symbol that the court dealt with questions of possessio7i {e.y.f titles to land, rights of way, legacies, etc.), and not with questions of compensation. 2 The cases that came {i.e., were sent by the praetor) before the centumviri therefore usually involved a long investi- gation and nice points of law, and this court offered the favourite arena for young lawyers who wanted to make a reputation. The Decemviri stlitibus judicandis {stlis, later lis = Eng., strife) were elected by the comitia tributa and seem to have been originally a legal coimcil formed to advise the tribunes. They became subsequently a jury to which questions affecting *' the liberty of the subject " ^ Decuria, from the ancient practice of appointing colleges of ten members, came to mean any college whatever, without regard to numbers. 2 The Roman lawyers used to say that the hasta, or fe-stiica, was a symbol of possession because it was a symbol of conquest, the oldest and best mode of acquiring possession. A Iiasta was set up at auctions. LEGAL PROCEDURE. 241 were sent. They were in some way closely connected with the centumviri, and Augustus amalgamated the two bodies. Arbitri were judices with a little jurisdiction. The praetor sent to an arbiter, and not to a judex, cases in which the law was vague or harsh, and which required some tact. The praetor, therefore, instructed him to give a verdict exjfide bona or ut inter bonos bene agier. Album judicum'wais a list of persons, qualified to act as judges and arbiters, prepared by the praetor urbanus at the commencement of his year and valid during that year. Out of this list the praetor did not at random choose judices or recuperatores, but he was required to consult the litigants, the plaintiff" having the right to propose a judex {/erre judicem)] the defendant to reject him {ejerare judicem). 188. Jurisdiction outside Rome.— In Italy, the jurisdiction varied according to the constitution of the towns. Some places were subject to the praefecti jure (Hcundo, who represented the praetor urbanus and went circuits. In municipia the magistrates administered the local law, but were governed, apparently, on general principles, by the praetor's edict. In the provinces, the governor administered local law with additions promul- gated in his own edict, but his edict was mostly derived from those of the two praetors in Eome. Procedure in Civil Actions. 189. Earliest Times.— Originally, a dispute about property, in Eome as elsewhere, was decided by a fight. ^iV. 5. —Judices of every kind were required to give their services gratuitously. r, ii 1 ■: 1 / 242 ROME. Subsequently, the disputants only made a show of fight- ing and left the decision to the king. The king, in giving judgments, was guided by the will of the gods, declared through auspices. The gods could only answer questions with * Yes' or *No,' and were not always open to consultation. A claimant, therefore, had so to frame his claim that it admitted of a direct affirmation, and he also had to select a diesfastus {i.e., a day on which the gods would speak) for raising his claim before the judge. The pontijices, Avho were in the con- fidence of the gods, assisted him in these matters for a certain fee. ^ After the XII. Tables were published, the super- stitions regarding ' plain questions ' of law and dies fasti still remained, and the pontifices still continued to advise suitors, until B.C. 304, when Cn. Flavins, a pontifical scribe, published a complete set of forms of claim and a calendar of fast and nefast days. From this time forth the plaintiff could manage his case for himself. 190. Legis Actiones.— After the XII. Tables, the claim of the plaintiff was called a legis actio or ' urging of the law' against the defendant. The claim might be raised in various ways, which also were called legis actiones and of which five are known by name, though they are imperfectly understood. These are {a) Sacra- mento, when both parties deposited a fee proportionate to the value in dispute, the loser forfeiting his deposit to the treasury (originally to the Pontifex) : (6) per judicis postiilationetn, by asking the praetor for a judge : (c) per condictionem, by appointing a day for trial ( ? before the praetor himself) : (d) per manus injectionem, * Imraediately after regal times, the consuls were the actual judges but the pontifices managed the preliminaries. LEGAL PROCEDURE. 243 by arresting the defendant ■} (e) ^;^r pignoris capionem, by seizing his goods as security. Of these actiones, the first two, (a) and (b), seem to have taken place before the praetor, the other three out of court. It is probable that (a), (b), and (c) were used when the defendant was willing to come to trial : while (d) and (e) were resorted to, if the defendant declined to appear before the judge.2 This much, at any rate, seems clear, that legis actiones were only modes of instituting an action, and had nothing to do with the trial itself. Theoretically, a trial was still an appeal to the gods, who must be approached with due solemnity. Hence any mistake in the conduct of a legis actio was fatal to the party who made it.^ The praetor's first business was to see that the claim was made in the very words of the law and that the actio had been formally conducted. If he Tvas satisfied, he was said dare actionem. But after that, he might, and usually did, send the case to be tried by a judex, as under the ' formulary ' system to be next described. 191. Formulae. — In the legis actiones, as has just 1 It may be gathered from Horace, Sat. 1. iv. 76 and other passages, that the claimant, oa arresting the defendant, called the bystanders to witness {anteHtari) that the arrest was pro- perly effected. 2 Or (a), (6), and (c) were used where no definite sum was in dispute ; {d) and (e) where the claim was for an ascertained debt. 3 The formalities of an action sacramento are partly described in Cicero pro Murcna c. 12. The essentials of it were that the thing in dispute or a part of it was produced in court, and was claimed, in quaint language, by the litigants, each of whom had a hasta. The procedure was extremely ancient, and, Gains says, was the most common of the actiones. It has nothing to do with the sponsio or wager between the litigants, which was an in- formal mode of raising an action. ! . . I i 244 ROME been said, the plaintiff was confined to a rigid procedure, and was compelled to adhere to the exact words of the XII. Tables. He might not claim ' vines ' where the law said trees, or bricks, where the law said 'timbers.' This excessive rigidity was extremely inconvenient, but was obviated by a liberal use of legal fictions. ' Timbers ' were allowed to include bricks : a married woman was allowed sometimes to pass for an unmarried woman : the purchaser of a bankrupt's property was allowed to pass for his heir, etc. But the growth of business in Rome introduced many more serious difficulties which were not contemplated at all when the XII. Tables were drawn up. For instance, if A sells a thing to B, but agrees to take payment by instalments (pensio)^ who is the owner of the thing after the payment of the first instalment ? There was no section of the Tables exactly covering such a case as this, and yet all the looms and lathes and other expensive machines in Rome might have been purchased on an instalment system. Here the praetor's edict was turned to account, and enabled the administration of the law to keep pace with the growth of society. It contained rules which were the extension of legal principles to new classes of facts, and was, therefore, said by Roman jurists to be designed for the purpose " adjuvandi vel supplendi vel corrigendi juris civilis ])Top- ter utilitatem publicam." The edict of the praetor peregrinus was of even greater importance, for it contained the whole of the law ad- ministered by the praetor, there being no statutes regu- lating the legal relations of a Roman with a- foreigner. It would seem that in actions founded, not on the XII. Tables, but on the praetor's edict, it was always custom- ary for the praetor to give 2i formula of general direc- LEGAL PROCEDURE. 245 tions ^ to the j^lde.K or arbiter or recuperatores to whom he sent cases for trial. But by the lex Aebutia, about B.C. 170, the praetor was authorised not to adhere to the exact words of the law in any case except those of appre- hended damage and others which properly went before the centumviri, and from this time forth the ' formulary ' system, in which the praetor from the first took charge of the technicalities of a case, practically superseded the legis actiones altogether.^ At any rate, the proceeding by formula was, within the period covered by classical Latin literature, by far the more usual and important. It consisted of two parts : {a) injure and (b) injudicio. {a) Injure. The plaintiff summoned the defendant {vocavit in jus), and the two parties made an appointment {vadimonimn) binding themselves in a sum of money (cautioj satisdatio) to appear before the praetor on a certain diesfastus. The praetor, after hearing the statements of both sides, either dismissed the suit or else granted a formula. The formula consisted usually of three parts, viz., (1) appointment of a judge {judicis datio): (2) statement of the case to be argued {iutentio) ; (3) direc- tion to the judge as to damages {condemnation The following is a formula quoted by Gaius :— " judex esto. Si paret Aulum Agerimu ' There being no law exactly covering such actions, the exact words of the law could not be quoted in the plaintiff's claim, which the praetor sent to the judex for trial. 2 The process of maims injectio seems still to have been em- ployed against a defendant who would not appear before the judge, but probably no set form of summons was now insisted on. It does not seem to be known how an action was commenced under the formulary system. -^ Or, instead of comlemnatio, the last section was an adjudi- catio or assigment of the actual thing claimed. :0 / 246 ROME. LEGAL PROCEDURE. 247 aput Numevium Negidiuin mensam argenteam deposuiitse, eamque dolo malo Nmnerii Negidii Aulo Agerio reddi- fam non esse — Quanti ea res erit^ tantam pecuniam judex Numerium Negidium Aulo Agerio condemnato. Si non paretf ahsolvito." The formal words with which the praetor granted the formula were do, dico, addico -} i.e., do judicium (I grant a trial) ; dicojus (I declare the law) ; addico litem (I assign the matter in dispute). 2 The formula was delivered to the plaintiff, each party claimed his witnesses {litem contestari), and the pro- ceedings injure before the praetor terminated. h. In judicio.^ The actual trial was conducted before the judge or recuperatores, in the usual manner, b}^ evidence given on oath. The defendant, of course, might at any stage of the action throw up his case. The execution of the judgment (setitentia) was left to the parties. The defendant, if he lost, was allowed thirty days for payment of damages. After that time if he had not paid, he was, till B.C. 326, handed over (addictus) to the plaintiff by a new judgment ; after that date, the praetor gave the plaintiff the power to seize his goods. 1 These are the '* tria verba " which the praetor could not pro- nounce on nefast days. 2 As a matter of fact, he did not assign the matter in dispute, but directed the judge to do so. The words, however, were traditions from the time when the praetor decided cases himself. ' The trihimal, or judicial seat, of the king and the praetor was originally in the comitium, but was afterwards (about B.C. 250) removed to the forum. The tribunalia of the quaestiones were also in the forum, apparently in the open air ; but after B.C. 184, many hasilicae, buildings consisting only of a roof sup- ported on pillars, were attached to the great forum, and the courts very often sat in these. In imperial times, judicial busi- ness was removed to the basilicae of the naw fora (cf. p. 203 n. ). 192. Lawyers.— In the system of legis actiones the plaintiff was not allowed professional assistance, but under the formulary system he was allowed to get a solicitor {procurator) to represent him. At the trial he might also have trained lawyers {advocati) or orators {patroni, causidici) to plead for him. Any citizen might be patronus, but he was required by law {lex Cincia, B.C. 204) to give his services gratuitously. The law was of course evaded, and the Emperor Claudius fixed 10,000 sesterces as the maximum fee for advocates. It was customary for the parties also to take the opinion of jurisconsulti on their case, and to be guided by them in the management of it. A great jurisconsult, like Sul- picius, in Cicero's time, exercised a very large influence : his views were often adopted in the praetor's edict, and weighed greatly with the praetor in particular cases. The jurisconsults might act as advocates, but did not always profess to do so. Some of them confined them- selves to writing opinions {responsa) or drawing up con- tracts and wills. Procedure in Criminal Trials. 193. Before the Comitia— It has been already stated that, by the lex Valeria de provocatione (B.C. 509), a prisoner condemned to capital punishment was allowed to appeal from the consul to the comitia centuriata. By the lex Aternia Tarjyeia (B.C. 454), a prisoner condemned by any magistrate to a fine exceeding 3,020 asses, was allowed to appeal to the comitia tributa. As such appeals were always made, the comitia became the chief criminal tribunals. The comitia centuriata dealt with cases of murder {parricidium) and treason {perduellio). Here the accusing magistrates {capita anquirentes) were / / 248 ROME. the consul or his delegates, the quaestores parricidii or duoviri perduellionis, or sometimes (by authority of the consuls)^ the tribunes. Before the tribal assembly the accusing magistrates {multa anquirentes) were usually the tribunes or aediles. The procedure seems to have been the same at both assemblies. The magistrate who took up the case named a day {diem dixit) for an informal assembly (coriiio), at which the pleadings began. This K contio was adjourned (die prodicta) three times. At the fourth contio, the magistrate gave judgment, and called the comitia seventeen days (three nundinae) afterwards to confirm his judgment. At the comitia the magistrate summed up the case, and asked for the votes of the people, and if the final decision was not given on this day, the accused was acquitted. He might at any time before the final vote go into exile. (Livy xxv. 3, 4, and xxvi. 3 are instructive passages on these trials.) (h) Quaestiones Perpetuae. As the comitia were, and felt themselves to be, an inconvenient tribunal for try- ing very complicated cases, they sometimes delegated their jurisdiction to a quaestio extraordinaria, directed by some magistrate having imperium. The first of these was appointed in B.c. 413, to try the murderers of M. Postumius Regillensis; the last in B.C. 43, to .try the murderers of Caesar. But, in the meantime, certain grave crimes, involving careful investigation, had become so common that permanent juries {quaestiones perpetuae) were appointed to try them. The first of these was that de repetundis, B.c. 149, and others were afterwards added, especially by Sulla. The total number is not ^ The tribunes could not call com. ceiituriata. Similarly the pant, max, or a flamen, would ask a tribune to call the tribal assembly for a prosecution. LEGAL PROCEDURE. 249 exactly known, but there were at least eight— viz., de re- petundis, de sicariis et venejicis, de amhitu, de peculatu, de majestate, de /also (forgery), de vi, de sodaliciis (illegal associations). As Sulla fixed the number of praetors at eight, and of these the praetor urbanus and praetor peregrinus were occupied with civil cases, the remaining six did not suflSce for all the quaestio7ies at once, and the vacant presidencies were occupied hy judices quaestionis} The ordinary procedure before a quaestio was as fol- lows :— The accuser denounced the accused {nomen detulit) before the president of the proper quaestio. The president, having satisfied himself that the accuser was a civis optimo jure, then admitted the charge {nomen rei uccepit). If there were several accusers, one of them was selected after inquiry (divinatio) to act as chief accuser, the rest became his supporters {subscriptores). The accuser was bound over to conduct his case without false charges {calumniae), without concealing real ones (praevaricatio), and without backing out before judgment (tergiversatio). The president then fixed the day of trial, usually at an interval of ten days. The accused was, in the meantime, either arrested or allowed to go free on bail (cautio) for his appearance at the trial. On th' day of trial, the proper number of jurymen was chosen by lot from the judices who were free for the day, but the accuser and the accused might challenge {reicere) a certain number of jurymen, without assigning any reason, just as a prisoner may do in England now. When the jury was selected and sworn, the trial com- menced. The evidence of slaves was usually, but not always, inadmissible unless given under torture. If the 1 Usually ex-aediles, who had had experience of criminal law when magistrates. 1 ^i 250 ROME. trial was not finished on the first day, it was adjourned to the next day but one {perendie, hence comperendinatio), and so on till the evidence and arguments of counsel (altercatio) were completed. The president then called on the jury to vote, and apparently renewed their oaths. Each juryman, voting orally, might give either of three votes, viz., absolvo, condemno, or non liquet (* it is not clear '). But for voting by ballot, each juryman had a ticket, bearing on one side A {absolvo), on the other C (co7idemno). He erased one letter, or both, before depositing the ticket in the urn (sitella). In a case repetundarum, if more than a third of the jury voted non liquet, or with blank tickets, the case was reheard another day (ampliatio), but usually such votes did not count, and the majority of the other votes decided the verdict. If they were equal, the prisoner was acquitted. There was no appeal from the judgment of a quaestio. (c) Punishment. If the punishment declared by statute involved the payment of damages {e.rj. in a case of assault) the jury which had condemned a prisoner took their seats again as recuperatores and proceeded to assess damages. But if the punishment involved a fine payable to the state or some personal pains to the accused, the tresviri capitales were charged with carrying it out. The death penalty, flogging, and imprisonment were, for a long period before the close of the republic, almost unknown except in the case of foreigners, slaves, and soldiers on active service.^ The ordinary penalties were either a fine {midta), loss of citizenship {infamia), or ^ Execution and flogging of citizens were abolished by three Leges Porciae B.C. 198, 195, 194. In putting to death Cethegus and the other Catilinarian conspirators, Cicero did an illef^al act which even the direct authority of the senate did not justify. [X IMPERIAL LAW. 251 exile. Exile was the usual substitute for death, and was adopted voluntarily by the culprit. He was forbidden the use of fire and water in case he returned (aquae et ignis interdictio), and his property in Rome was con- fiscated. (c?) Veto. The judicial acts of any magistrate were as much liable to veto as his administrative acts, and thus a magistrate of higher authority than the sitting judge could stop a case at any stage. Under the Empire. 194. Sources of Law.— It has been already stated that the legislative competence of the comitia was practi- cally abolished by the emperors. The senate was now entrusted with legislation in matters of private law {e.g., contracts and wills), and the praetor's edict continued to be a fund of legal improvements, especially of such as were sanctioned by the unanimous opinion of the legal profession.^ But the chief source of law was the emperor himself, who declared his will either by edicta, like the praetor, or by mandata, instructions to magistrates, or by rescripta, answers to magistrates who consulted him, or by decreta, actual decisions on doubtful points. These orders and decisions were codified from time to time by lawyers for the use of the profession, but an authorised digest was not prepared until the codex Theodosianus of Theo- dosius II. in A.D. 438. 195. Jurisdiction.— The criminal jurisdiction of the comitia had been practically surrendered, even under the republic, to the quaestiones. These and the rest of the 1 Augustus is said to have given the force of law' to the resjionsa of certain prudenfes, when they were in agreement, but these privileged lawyers seem to have been a later institution. -if'') -^m 252 111 I) ROME. organisation of justice were retained for a long time with little alteration. Augustus, indeed, enlarged the cen- tumviral jury and amalgamated it with the decemviri stlitibus judicandis, and he also added a new decury of judices from ducenarii, men possessing 200,000 sesterces, but these are not substantial changes. The most notice- able of the imperial reforms in the administration of justice is the rapid development of jurisdictions in appeal, and the growing tendency to dispense with judices alto- gether in favour of cognitio or summary judgment by the magistrate first invoked. Both these changes are due to powers assumed by the emperors of constantly interfering with inferior courts. When once the emperor constituted himself a judge of appeal, appeals became so frequent that they were of necessity delegated ; and when appeals become frequent, the judges of inferior courts have no particular reason to be very careful in their decisions. Appeals in civil cases were delegated by the emperors to various authorities. Those from the city magistrates were usually sent to the praetor urbanus, those from the provinces to a commission of consulares viri, but many (though it is not clear of what sort) were sent to the senate. It would seem that there was no appeal to the emperor himself beyond these courts of appeal, but the emperor could quash their judgments and could send for cases which he wished to try himself. At a later time, appeals in Italian cases went to the praefectus urhi, and those in provincial cases to the praefectus praetorio. In criminal matters, the senate received a new juris- diction over members of the senatorial order, and as its judgments had the force of law, capital punishment be- came once more possible, and was frequently employed. But in other respects the course of change is similar to FINANCES. 25a that in civil jurisdiction. The quaestiones perpetuae continued to sit, and the emperor heard appeals from them, and from provincial governors, but the increasing activity of the imperial police gradually put all criminal jurisdiction into the hands of the imperial officers. The quaestiones could not sit unless a formal accusation was made by a citizen ; but the police, having exceptional means of information, used to ferret out offenders and themselves prefer accusations before their own superiors. Procedure remained, under the empire, the same as it had been under the republic so long as the same courts were retained. XXX. FINANCES. 196. Expenditure.— It is obvious that, under the republic, when all the higher offices of state were unpaid, the expenses could not have been very large. They fell mostly under the following heads :— (1) For^w6/ic2^7ors^i>, sacrifice, processions,etc., ordered by the senate through the pontifices. (2) For public works, e.g., roads, construction of aqueducts, etc., ordered by the senate through the censors. (3) For the army (after B.C. 406), ordered by the senate through the generals and quaestors. In the time of Polybius, as already stated, each Koman foot soldier received 1,200 asses (120 denarii) a year. Caesar raised this pay to 225 denarii : Domitian to 300. Centurions received double and horsemen triple pay. There was also special pay for the general's bodyguard 11 254 ROME. and some other troops. The Roman soldiers found their own kit and rations, but Italians and mercenaries were fed at the public expense. There were also waggons and engines to buy, and their drivers and engineers to pay. Under Augustus, a legion of 6,000 men is computed to have cost 1,566,000 denarii (about £65,000) a year, and the total expense of the army to have amounted to more than two millions sterling annually. To these expenses are to be added also the cost of the navy, for- tresses, and special rewards or pensions. (4) Public offices, for clerks, stationery, etc., ordered by the senate through the several magistrates. (5) Public relipf of poor persons, ordered by the senate through the aediles. At first corn was given or sold below cost price only on exceptional occasions, but C. Gracchus introduced the practice of selling every month a fixed quantity of corn to all poor citizens at a low rate. This out-door relief was further extended and cost nearly a million sterling per annum, till Caesar cut down the number of recipients from 300,000 to 1 50,000. Augustus raised it to 200,000 and there it seems to have remained. (6) The government of provinces and equipment of provi7icial governors (oraatio provinciae), granted by the senate. (7) Imperial expenses were added under the empire, and included the maintenance of the court and the vast number of paid subordinates paid by the emperor and responsible to him. 197. Receipts. — The total income of Eome at any date cannot be ascertained with any tolerable accuracy, but the sources of it were clearly the following : — (1) Rent of public lands in Italy. The Romans, when they conquered a city, took a portion of its territory. FINANCES. 255 This was either made over to private individuals {dare, assignaref or retained by the state. In the latter case, it was either granted for occupation or thrown open for grazing, the occupier or grazier paying dues (vectigal,, scriptura) to the state, or in later times leased for a term of years at a fixed rent. There were also mines and fisheries and woods which belonged to the state and were also let out on lease. (2) Tribute from the 2^rovinces.~A province in its entirety was considered to belong to Rome, which took some portion of the land itself, and allowed the inhabi- tants to retain possession of the remainder on payment either of a tithe (decuma) in kind or a fixed tax in money (slijjendium, vectigal certum). The former plan was adopted in Sicily and Asia, the latter in all other provinces (and, under the empire, in Sicily and Asia also). Besides the tithe, the senate might also occasionally impose the burden of supplying further produce at a fixed price. The tribute was usually imposed not on individuals, but on districts, which were required to pay a lump sum, the mode of raising it being left to the inhabitants themselves; but, under the empire, when it became necessary to raise as much money as possible, the amount of tribute which each district had to pay was carefully proportioned to the wealth of its inhabitants, and for this purpose Augustus instituted that general description of the empire and census of its inhabitants which is alluded to in St. Luke's Gospel (ii. 1). Only the surplus of the provincial vectigalia afterpayment of expenses in the provinces, came to the Roman treasury. 1 The ayer publicus in Italy was gradually given away to colonies, especially of old soldiers. The last of it was thus given in Caesar's time. I \/.i 266 ROME. I (3) Ordinary indirect taxes,'' such as port-dues, frontier- dues, market tolls, etc. All these were called portoria. (4) Mono2Jolies and Boi/alties.— The state, as early a& .B.C. 508, assumed the management of the sale of salt. In later times, it had also the monopoly of cinnabar (minium) and of balsam. It also took all the profit on coining money, and the produce of fines, confiscations, and forfeited sacramenta. (See sujora, p. 242.) (5) Ordinary direct taxes were almost all instituted by Augustus. They consisted chiefly of a tax of 1 per cent, on sales by auction (centesima rerum venalium) : a tax of 4 per cent, (quinta et vicesima) on sales of slaves : of 5 per cent, (vicesima) on manumissions (a very ancient tax established B.C. 357) : and of 5 per cent, on successions to property (hereditates). (6) Extraordinary direct taxes.— ThQ rule under the re- public was that no citizen could be directly taxed on his property, but this rule was suspended in time of war and a tributum was then imposed. This was a tax of so much per cent, (varying according to need) on the property of each citizen, as stated in the list of the censors. It was apparently not thus described, but a lump sum, arrived at in this way, was imposed on each tribe and was col- lected by the tribal oflficers (tribuni aerarii). It would seem, also, that the tributum was theoretically a loan to the state, intended to be repaid, and sometimes actually repaid, in whole or in part, out of booty taken in the war. It was not levied after B.C. 167, when the profits of the provinces sufficed to pay the military expenses. 1 Taxes are called "indirect" which, though levied on one class of persons, are ultimately paid by the public at large, e.g., the customs duty on tobacco is paid in the first instance by the importers, but is added by them to the price of tobacco and is repaid to them by smokers, who are thus indirectly taxed. i^ FINANCES. 257 198. Financial Management.— It has been stated already that the senate was allowed by the people to con- trol the finances of the state, with hardly any interference. It fixed the amounts of all imposts and state-rents, and also of all payments. There was, under the republic, only one treasury, the aerarium Batumi, in the temple of Saturn and Ops, of which the quaestores urbani were in charge. There were two modes of collecting taxes. Those, which produced a fixed amount, such as the tributum or the stipendium of provinces, were collected by the state itself through its own financial officers and the local magis- trates. Those which, like the portoria, produced vari- able amounts according to the state of trade, were sold to "tax-farmers" for lump sums, and the taxes were collected by the tax-farmers, and not by the state. The contract of sale was entered into by the censors, on the part of the state, and a company of publicani, repre- sented by one of their number (manceps) on the other part. These imblicani each subscribed a certain portion of the lump sum payable to the state. They belonged entirely to the equites, because senators, having control of the taxes, were not allowed to have also a pecuniary interest in them. Apparently no tax, except the tributum, which was raised only for military expenses, was specially appro- priated to a definite subject of expenditure. 199. Under the Empire there were two treasuries, the aerarium of the senate and thejiscus of the emperor! To the former were paid the taxes of the senatorial provinces (supra, p. 221), but the emperors were con- tinually interfering with it, and taking away its revenues. Augustus (in a.d. 6) carved out of it and added to the m R 258 ROME. "il! ( Hi If Jiscus a special aerarium militare, consisting of 176 million sesterces to begin with, and annually replenished with the produce of the taxes on sales and inheritances. Later emperors took away other taxes, and sometimes appropriated them to definite public purposes {e.g., maintenance of roads). The Jiscus was the fund out of which the emperor sup- ported himself, the army, the navy, the post, and the horde of his own subordinates. It consisted originally of the profits on the government of the imperial provinces, but was afterwards much augmented at the expense of the aerarium. It was managed by a clerk of accounts (a rationihus), who, in the second century, became a most important officer. The Jiscus, being a fund for purposes of state, was properly distinguished from the private property of the emperor (patrimonium Caesaris), but the distinction was seldom recognised, and the emperors had recourse to the Jiscus for all manner of private expenses. At first, under the empire, the taxes continued to be collected partly by the tax-farmers and partly by state- officials, but gradually the emperors, as they took more and more of the revenue, assumed the right of appointing in every province, senatorial and imperial alike, a procu- rator Augusti, who supervised the collection of taxes. When this staff of imperial revenue-clerks was established, the farming of taxes was abolished altogether, and the emperors collected them all. GREEK DRAMA, 259 D. THE DRAMA. XXXI. GREEK THEATRE. 200. Origin of Greek Drama.-It is beyond question that the Greek drama arose from the songs and dances incidental to the worship of Dionysus, the wine-god, and that the first steps in its development were taken by Dorian States, especially Corinth and Megara. Its early history, however, is extremely obscure, and was so even in Aristotle's time (b.c. 340). The worship of Dionysus, though of foreign origin, was very ancient, and the songs and dances called " dithyrambic " and "phallic," which accompanied it, seem to have been partly traditional and partly impro- vised by the revellers : that is to say, probably one man improvised a song, while the rest sang a traditional refrain or chorus, and danced an uncouth measure. Archilochus (about B.c. 700) boasts of his own power of thus improvising dithyrambs. Arion (about B.C. 600) in Corinth first trained a chorus to dance in a circle ^ round the altar, and to sing a dithyrambic ode specially composed for the occasion. The chorus seems to have consisted of fifty men, dressed as satyrs, called in Greek rpdyoi, * goats ' (capripedes Satyri in Horace), whence the regular dithyramb was called rpayoiSU, ' goat song.' It would also seem that the leader of the chorus now took the solo, which formerly might have been taken by any bystander with a knack 1 Hence the dithyrambic chorus was called a /ciJ/cXtos xop6s, and the orchestra in a Greek theatre, as we shall see later, was circular. Other choruses stood in a quadrille. / 260 THE DRAAIA. for improvisation, and that in pauses of the dithyramb, or between two dithyrambs, he mounted on the table (lAco?, OvixkXyji) on which the sacrifices were cut up, and sang or recited a tale in trochaic metre, describing some adventure of Dionysus. The mythology of the god being partly tragic and partly comic, so also were the dithyrambic performances. The improved dithy- ramb, thus first introduced in Dorian Corinth, became the parent of Attic tragedy, and the choral odes of tragedy always retained, to some extent, the Doric dialect. While the Bacchic performances of the towns were thus made artistic, those of the country villages (ic(3/xat) remained as" uncouth as before, and here the improvisations took the form of impudent comments on the bystanders and amusing mimicry of persons and beasts.^ 201. Tragedy.— The conversion of the dithyramb into a simple form of drama is attributed to Thespis, a native of the Attic deme Icarius.-' He first introduced an actor who conversed with the leader of the chorus, and who, by changing his costume and assuming various ^ThQplaustra, 'waggons,' on which Horace says {A. P., 276) that Thespis first exhibited tragedies, belonged to the rustic festival, where jokers e^' h^d^s v^pi^ov. The remarks of Horace on the rise of the drama, though apparently translated from some Greek work, are not accurate. 2 The following list gives the dates of the persons most impor- tant m the history of tragedy :-^Wo?^ born about 630 B.C.: Thespis, born about 580 b.c. : Choerilus, flor. b.c. 523—499- Phrynichus, flor. b.c. 511-476 : Pratinas was a rival of Choeril'us and Aeschylus in B.C. 500: Aeschylu,, b.c. 52^-456; Sophocles, B.C. 495-405 : EuHpides, b.c. 480-406. Phrynichus is said to have been the first to introduce female characters. It is not known how iambics came to be the metre of stage dialogue instead of trochaics. GREEK THEATRE. 261 masks, represented a series of characters. In no long time the subject of the drama was not confined to the adventures of Dionysus, and the chorus ceased to represent satyrs. The performances grew in elaboration as they grew in popularity. In Athens, about B.C. 500 a wooden gallery was erected for spectators, and dramatists contended for prizes. Aeschylus introduced a second actor, Sophocles a third, and one or the other of these dramatists— for authorities diff"er— also intro- duced painted scenery.^ 202. Trilogies.— It would seem, however, that in the time of Thespis, and for long afterwards, a tragedy was not necessarily melancholy, any more than the origmal dithyrambic rpayt^Ua had been. Possibly owing to some difficulty in comparing the merits of rival dramatists, one of whom produced a melancholy and the other a comic piece,^ or else because it was thought that the old satyric chorus ought not to be dropped altogether,^ the custom was introduced (by Aeschylus it is said) that each dramatist should compete with four plays— a tetralogy, of which the first three should be a trilogy on some tragic story ; while the last should be a satyric drama, a comic piece with a chorus of satyrs. Thus the Agamemnon, Choephoroe, and Eumenides of Aeschylus formed a tragic trilogy,* followed by the Proteus, a 1 Aeschylus made use of the improvements of Sophocles. His Supplices, Persae, and Prometheus require only two actors, but the Orestean plays (b.c. 458 j require three. 2 For instance, Pratinas is said to have produced 50 plays, of which no less than 32 were satyric and presumably comic. ^Plutarch and other late writers say that the people com- plamed of the tragedies that they were om^ vpbs rhv Aibwaov, *• had nothing to do with Dionysus." •» This is the only trilogy now extant. The Cyclops of Euripides f 262 THE DRAMA. ... satyric play. It would seem also that with the intro- duction of tetralogies the old tragic chorus of fifty dancers was broken up, and four choruses, of twelve choreutae each, were used for the four plays. Tragic trilogies at first, like the Orestean of Aeschylus, dealt with three portions of the same tale, but after- wards they consisted, or might consist, of three tragedies wholly unconnected in plot.^ This innovation IS usually ascribed to Sophocles, chiefly on the evidence of Suidas (a writer of the eleventh century), who says that Sophocles first contended for the tragic prize "with Spafia TTpbs Spafxa, and not with a tetralogy." These words of Suidas bear, on the surface, another meaning— viz., that Sophocles only produced one tragedy at a time, and that tetralogies ceased to be acted at the competitions. This is consistent with some other evidence, e.g., the increasing length of tragedies,^ the fact that no trilogy is even ascribed to Sophocles,^ and his increase of the tragic chorus from twelve to fifteen. On the other hand, tetralogies were undoubtedly written by other poets as late as the fourth century. It has been suggested that these tetralogies were written, so to say, for provincial theatres, but only one, the best, play of is the only extant satyric play. The names of many tetralogies are known, and may be seen in the brief iiroSicets by various grammarians prefixed to Greek plays. These were partly founded on a list of dLdacKaXiai, or plays actually produced, compiled from Athenian archives by Aristotle. ^Mg. the Iphigenia in Avlis, Alcmaeon in Corinth (lost), and the Bacchae of Euripides formed a trilogy. 2 Compare the 1070 lines of the Persae with the 1780 of the Oedipus Coloneus. 3 He must have written some in his youth, and satyric plays are ascribed to him and quoted. VN"^'-" ^ ^ Ml. GREEK THEATRE. 263 the set was acted in Athens for the competition. This theory explains the prominence of single plays (such as the Medea) which originally formed part of a trilogy ; but it also conflicts with some other evidence, e.g,, in B.C. 341 two plays of a trilogy were acted in Athens. The question must be left open. 203. Satyric Drama.— The history of the satyric drama is bound up with that of tragedy, and is involved in the difficulties which have just been stated. This kind of play was evidently in decline, for in B.C. 438 Euripides produced the Alcestis, a tragi-comedy or melodrama, as the fourth play of a tetralogy, instead of a satyric piece.^ 204. Comedy.— The early history of comedy is very obscure, and Aristotle knew nothing of it, but the derivation of the name from KiofArj, * village ' (not from KW/A09, 'revel') is his. It would seem that the rustic Bacchic festivals were organised into some kind of a farce with chorus by Susarion of Megara, about B.C. 580. Scurrilous jokes on particular persons were a feature of these farces. In Dorian Sicily, later on, burlesques of mythology were acted, and Epicharmus of Cos (about B.C. 470), who lived at Sicilian Megara and Syracuse, gained a great reputation for such compositions. In Athens, comedy appears suddenly with a combination of the scurrilous and the profane. Cratinus (b.c. 448), Crates, Eupolis, and Aristophanes (born about B.C. 448) were the chief writers of such Old Comedy, which was especially distinguished by its criticism of political affairs and the unbounded freedom of its attacks on statesmen. This license was prohibited by several laws towards the close of the Athenian supremacy, and comedians thence- 1 There is some evidence to show that the satyric play, though named last in the tetralogy, was acted before the tragedies. / 264 THE DRAMA. forth confined their attacks to the fashions and philosophy of the day. The Ecclesiazusae, for instance, is a satire on the supporters of " women's rights," perhaps especially on Plato. The chorus (to save expense, it may be) was very little used, as in the Plutus, where it only joins in the dialogue, and was finally abolished. The Middle Comedy (B.C. 390—320) was thus reduced to a caricature of contemporary manners, without chorus, and led to the New Comedy (B.C. 320—250) of Menander and Diphilus, a comedy of typical characters, familiar to us through Plautus, and Terence, and (in a sense) Moli^re. 205. Structure of a Tragedy.— A Greek tragedy usually consists of the following parts : — (1) irpoXoyos, or Act I., before the entry of the chorus.^ (2) 7rdpoSo^', a religious ode, sung by half the chorus. (5) i7r{p^rjfia, a jocular address in trochees, delivered by the coryphaeus as leader of the first half. (6) dvTL(rTpori, ode by the second half. (7) dvTCTTcp^rjfia, delivered by the leader of the second half probably, but perhaps the coryphaeus spoke it. The parabases of the Acharnians, Knights, Clouds, Wasps, and Birds are complete. That of the Peace has nJ imp^-jfiara ; that of the Frogs consists only of parts 4-7 ; that of the ThesmopJwriazusae is also very short; and the remaining three plays of Aristophanes have no parabasis at all. 207. Number of Actors. — It has been already said that the early plays of Aeschylus are written for two actors, the later for three, i Three was the regular number, but the Oedipus Coloneus requires four, unless the part of Theseus was taken by all three actors in turn. In comedy, also, three actors were regular, but a fourth is often required for a small part, e.g., in the Birds, Peithetairos, Herakles, Poseidon, and the Tribal- lian are all on the stage and speaking together ; in the Frogs, Xanthias, Dionysus, the hostess and Plathane, her servant, are all speaking together. A child-actor is obvi- ously required, besides the three adults, in Ajax, Alcestis and Andromache, Actors in general were called iwoKptrai, " answerers." The three regular actors in a play were called tt/ocot- aywvMTT^?, 8€VT€pay(ovL(rTrjs, TpirayuiVKTr-qs, Of these 1 xV.5.—" Actors" means persons who have something to say. There were /cw^d Trpbauira, mute characters, besides. GREEK THEATRE. 267 (who were invariably men) the protagonist took the most important part, the deuteragonist the second best (usually a woman's). The tritagonist took several parts, but the other actors also took a small part, if neces- sary, in addition to their important characters, the choice of such parts being, of course, determined by the structure of the play. Though any tragedy can be divided among three actors, it is not always clear what part the protagonist or deuteragonist took, for it is not always easy to say which is the best or second-best part. 208. Number of the Chorus.— The chorus of the early tragedies of Aeschylus consisted of twelve choreutae: Sophocles raised the number to fifteen, and Aeschylus probably used this number in the Orestea. The chorus of a comedy consisted of twenty-four performers. These numbers are inclusive of the leader, Kopv